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HomeMy WebLinkAbout2010 12 13 Consent 204 Dawnlee and Power Exterminators Agreement ITB 001/11/AG Neighborhood Parks COMMISSION AGENDA Consent X Informational ITEM 204 Public Hearing Regular December 13, 2010 64 Regular Meeting Mgr. / Dept. Authorization REQUEST: The Parks and Recreation Department is requesting approval for the City Manager to enter into a contract agreement with Dawnalee Corporation totaling $56,388 for landscape maintenance, and a contract agreement with Power Exterminators, Inc. totaling $13,980 for chemical services, pursuant to public bid ITB 001 /11 /AG for the Winter Springs Neighborhood Parks. SYNOPSIS: The City's Neighborhood Parks have been successfully contracted to the private sector for landscape maintenance over the past two (2) years, allowing for a reduction of staffing levels and a cost savings of more than $110,000 in the first year alone. Staff has continued to bid the project annually in order to solidify baseline contract costs and to take full advantage of an increasingly competitive marketplace. The scope of work includes regular mowing, weeding, edging, shrub trimming, fertilization, weed control, insect control, and irrigation maintenance services for eleven (11) Neighborhood Parks. Staff has concluded that the best value and highest quality product comes from separating the chemical services contract from the landscape maintenance contract, therefore requiring two separate contractors to be selected for services under this program. CONSIDERATIONS: On October 24, 2010, ITB 001 /11 /AG was opened at a public meeting with nine (9) sealed bids having been submitted to the City as detailed on Attachment 'B' of this item. As part of the due diligence process, a review committee consisting of five (5) staff members evaluated each proposal for bidder responsiveness and responsibility. Out of the proposals received and evaluated by the committee, only six (6) were determined to be qualified submittals, with some being only partial service submittals. Agenda Item Consent 204 December 13, 2010 Page 2 During the evaluation process the committee ranked all qualified bidders based on factors including, but not limited to, cost, experience, references, financial statements, integrity, licenses, quality, ability, and insurance coverage. Based on outcomes of this process, the review committee unanimously selected the lowest price and best qualified bidders as follows: Dawnalee Corporation to provide landscape maintenance services at a cost of $56,388, and Power Exterminators, Inc. to provide chemical services at a cost of $13,980. This represents a $5,086 reduction over current costs. Bidder Base Bid (Landscape/Irrigation /Chemical) P &L Lawn & Maint $92,040 (L,I,C) Central FL Landscaping $85,020 (L,I,C) Carol King Landscaping $92,628 Disqualified Dawnalee Corp. $56,388 (L,I) Annan Landscape $69,300 (L,I) Power Exterminators $13,980 (C) Tru Green $15,870 Disqualified Kirkland's Prop Ser $75,540 (L,I,C) CCR Landscape Disqualified (Out of Budget) FISCAL IMPACT: Funding for Landscaping Maintenance of the Winter Springs Neighborhood Parks is currently budgeted in the Parks and Recreation — Parks and Grounds Budget Line Code (7230 - 53186) in the amount of $70,368. COMMUNICATION EFFORTS: ITB# 001/11/AG Neighborhood Parks Landscape Maintenance was broadcast to more than 300 bidders throughout Central Florida through advertisements in the Orlando Sentinel, Demand Star and the City's website bid system. This Agenda Item has also been forwarded to the Mayor and City Commission; City Manager: City Attorney /Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission Meeting binder; and is available on the City's Website, LaserFiche, and the City's Server. Further, information related to this Agenda Item has been sent to media/press representatives who have requested Agendas /Agenda Item information, all Homeowner's Associations on file with the City, all individuals who have requested Agendas /Agenda Item information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public; and posted at five (5) different locations around the City. Agenda Item Consent 204 December 13, 2010 Page 3 RECOMMENDATIONS: Staff recommends the City Commission review and approve a contract with Dawnalee Corporation for landscape maintenance at a cost of $56,388, and a contract with Power Exterminators, Inc. for chemical services at a cost of $13,980: totaling $70,368 for one (1) year, for the Winter Springs Neighborhood Parks (ITB 001 /11 /AG). If approval is granted staff recommends the Commission authorize the City Manager and the City Attorney to prepare and execute any and all applicable documents required for this project. IMPLEMENTATION SCHEDULE: The contract will commence on January 1, 2011 for a 12 month period and terminate on December 31, 2011, with up to two (2) additional one (1) year terms as per Section 2.1 of the contract. ATTACHMENTS: Attachment A Agreement Forms — ITB 001/11/AG 1. Dawnalee Corporation 2. Power Exterminators, Inc. Attachment B Neighborhood Parks. Landscaping Maintenance and Chemical Program ITB 001 /11 /AG Bid Tab Attachment `A.1' AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES ("Agreement") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ( "City "), located at 1126 East State Road 434, Winter Springs, Florida 32708, and Dawnalee Corporation, a Florida corporation, authorized to conduct business in Florida ( "Service Provider"), located at 216 Stoner Road, Winter Springs, FL 32708. WITNESSETH: WHEREAS, City wishes to obtain Neighborhood Parks Landscape Maintenance Services for Bid# ITB 001 /11 /AG on a continuing basis; and WHEREAS, Service Provider participated in the selection and negotiation process; and WHEREAS, Service Provider is willing to provide such Neighborhood Parks Landscape Maintenance Services for the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. the parties covenant and agree as follows: 1.0 GENERAL PROVISIONS 1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. 1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. 2.0 TERM AND DEFINITIONS 2.1 This contract shall be for a term of twelve (12) months commencing on January 1, 2011 and terminating on December 31, 2011. By mutual agreement of both parties hereto, the term of this Agreement may be extended for two (2) additional one year terms, provided the City determines, in its discretion, that Service Provider has adequately performed during the previous term of this Agreement. In the event this contract is extended, the contract price may be adjusted to allow for consumer price increases based on Bureau of Labor and Statistics - Producer Price Index not to exceed 2 (two) percent. The adjustment will be based on the annual contract period from the same period of the previous year and calculated prior to renewal. The Agreement may be canceled in whole or part by the City or the Service Provider, upon giving at least (30) days written notice prior to cancellation; EXCEPT that non - performance on the part of the Service Provider will be grounds for immediate termination. Unless otherwise provided in said notice, all work being performed by Service Provider at the time of receipt of the notice shall immediately cease and no further work shall be provided by Service Provider under this Agreement. 1 2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Service Provider to provide the maintenance services approved by the City. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. c. "Service Provider" shall mean Dawnalee Corporation, a Florida Corporation, and its principals, officers, employees, and agents. d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. 'Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. f. "City Project Manager" or "Designated Representative" or "Project Director" for the City, or his designee, who is to provide the general administration of the Agreement. 3.0 SCOPE OF SERVICES 3.1 Service Provider shall provide those Neighborhood Parks Landscape Maintenance Services, for the City of Winter Springs, as set forth in the "Scope of Work," attached hereto as Exhibit 'A' and fully incorporated herein by this reference, including the furnishing of all labor, equipment, tools, materials, incidentals and the performing of all operations necessary as described in the Project Manual for City of Winter Springs ITB 001/11/AG. 4.0 CHANGES IN THE SCOPE OF WORK 4.1 City may make changes in the Services at any time by giving written notice to Service Provider. If such changes increase (additional services) or decrease or eliminate any amount of Work, City and Service Provider will negotiate any change in total cost or schedule modifications. If the City and the Service Provider approve any change. the Contract will be modified in writing to reflect the changes. All change orders shall be authorized in writing by City's and Service Provider's designated representative. 4.2 All of City's amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. 5.0 SCHEDULE 5.1 Service Provider shall perform services in conformance with the schedule reasonably established by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprized of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply with the schedule. 5.2 No extension for completion of services shall be granted to Service Provider without City's prior written consent. 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay Service Provider a sum not to exceed FIFTY SIX THOUSAND AND THREE HUNDRED EIGHTY -EIGHT Dollars ($56,388). If this Agreement is extended, the total annual amount paid to Service Provider shall not exceed the above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this Agreement. 6.2 Additional Services. From time to time during the term of this Agreement, City may request that Service Provider perform additional Services not required under the Project Manual. For those additional services agreed upon by the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the parties in writing. 6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its principals, employees, and independent professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. 7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS All Service Provider's records with respect to any matters covered by this Agreement shall be made available to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Service Provider within thirty (30) days after receipt by the Service Provider. Failure of the Service Provider to comply with the above audit requirements will constitute a material breach of this Agreement and may result, at the sole discretion of the City, in the withholding of payment for services provided under this Agreement. 9.0 PROFESSIONALISM AND STANDARD OF CARE 9.1 Service Provider shall do, perform and carry out in a professional manner all Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 10.0 SUBMITTAL OF PROGRESS REPORTS 10.1 Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed -upon Services. If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Service Provider. 11.0 WARRANTY OF PROFESSIONAL SERVICES 11.1 The Service Provider (for itself and any of its employees, contractors, partners, and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its contractors, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 3 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER 12.1 Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and /or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Service Provider is duly licensed under all local, state and federal laws to provide the Services stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING 13.1 With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING 14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project Manager. 15.0 SAFETY 15.1 Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing Services provided hereunder. 16.0 INSURANCE 16.1 Liability Amounts. During the term of this Agreement, Service Provider shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The Service Provider shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence to protect the Service Provider from claims of property damages which may arise from any Services performed under this Agreement whether such Services are performed by the Service Provider or by anyone directly employed by or contracting with the Service Provider. b. The Service Provider shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the Service Provider from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of 4 owned and non -owned automobiles, including rented automobiles whether such operations be by the Service Provider or by anyone directly or indirectly employed by the Service Provider. c. The Service Provider shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $1,000,000 for all of its employees performing Work for the City pursuant to this Agreement. 16.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the City by Service Provider upon the Effective Date of this Agreement which satisfied the insurance requirements of this paragraph 16.0. Renewal certificates shall be sent to the City 30 days prior to any expiration date. There shall also be a 30 -day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time. 16.3 Independent Associates and Consultants. All independent contractors or agents employed by Service Provider to perform any Services hereunder shall fully comply with the insurance provisions contained in these paragraphs for sections 15 and 16. 17.0 COMPLIANCE WITH LAWS AND REGULATIONS 17.1 Service Provider shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and /or ordinances applicable to the performance of Services under this Agreement. 18.0 DOCUMENTS 18.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Service Provider. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider be open and freely exhibited to the City for the purpose of examination and /or audit. 18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law. 19.0 ASSIGNMENT 19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of City. 19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and /or omissions performed by the subcontractor as if no subcontract had been made. 19.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 5 19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION; DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES 20.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: a. Service Provider defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within fourteen (14) calendar days after written notice from the City specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within fourteen (14) calendar days, in which case the Service Provider shall have such time as is reasonably necessary to remedy the default, provided the Service Provider promptly takes and diligently pursues such actions as are necessary therefore; or b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of creditors or Service Provider becomes insolvent, or is unable or unwilling to pay its debts; or c. Service Provider has acted negligently, as defined by general and applicable law, in performing the Services hereunder; or d. Service Provider has committed any act of fraud upon the City; or e. Service Provider has made a material misrepresentation of fact to the City while performing its obligations under this Agreement; or f. Service Provider is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right or remedy City may have under this Agreement. 20.2 Notwithstanding the aforementioned, in the event of a default by Service Provider, the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 21.0 FORCE MAJEURE 21.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 22.0 GOVERNING LAW & VENUE 22.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 6 23.0 HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 24.0 SEVERABILITY 24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION; MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 26.0 WAIVER AND ELECTION OF REMEDIES 26.1 Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 26.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 27.0 THIRD PARTY RIGHTS 27.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 28.0 PROHIBITION AGAINST CONTINGENT FEES 28.1 Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 29.0 NO JOINT VENTURE 29.1 Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 7 30.0 ATTORNEY'S FEES 30.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non - prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 31.0 COUNTERPARTS 31.1 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 32.0 DRAFTING 32.1 City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 33.0 NOTICE 33.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Service Provider: Dawnalee Corporation 216 Stoner Road Winter Springs, FL 32708 For City: City of Winter Springs Parks and Recreation Department 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327 -6597 Facsimile: (407) 327 -4763 33.2 Either party may change the notice address by providing the other party written notice of the change. 34.0 SOVEREIGN IMMUNITY 34.1 Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 8 35.0 INDEMNIFICATION 35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: a. any default under this Agreement by Service Provider; b. any negligent act, omission or operation of work related to all Services performed under this Agreement by Service Provider, and its employees, principals, agents, independent contractors, and consultants. c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its employees, partners, contractors, and agents on the performance of the Services being performed under this Agreement; d. Service Provider's, and its employees, partners, contractors, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service Provider's and its employees, partners, contractors, and agents performance under this Agreement; e. any fraud and misrepresentation conducted by Service Provider and its employees, partners, contractors, and agents on the City under this Agreement. 35.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners, employees. officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 36.0 ORDER OF PRECEDENCE 36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement; b. This Agreement; c. Exhibits to this Agreement; and d. The Bid documents. 36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 37.0 AGREEMENT INTERPRETATION 37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably 9 equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. SERVICE PROVIDER: Name (Printed and Signed) Title Date CITY: CITY OF WINTER SPRINGS, FLORIDA A Florida municipal corporation KEVIN L. SMITH City Manager Date ATTEST: ANDREA LORENZO - LUACES, City Clerk 10 SECTION 01100 TECHNICAL SPECIFICATIONS SPECIFIC TASKS 1.0 TURF CARE In general, mowing of all grassed areas shall be no less than once every seven (7) days in the Heavy Growing Season and shall be no less than bi- weekly, or as instructed by the City's Representative, during the Dormant Growing Season. During Heavy Growing Season, mow athletic turf areas (Bermuda & Paspalum) two (2) times per week unless directed otherwise by the City Representative. Growing seasons are dictated by the weather and therefore may change per the City's Representative, but otherwise shall be: Heavy Growing Season - March 15 through October 15. Dormant Growing Season - October 14 through March 14. SPECIFIC TURF CARE • St. Augustine This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for St. Augustine sod care, culture, and good horticultural practice as shown in Publication ENH 5. St. Augustine grassed areas will be mowed to a height of 4 to 4.5" inches on average, depending upon established grass needs, by finish mower or a groom mower. • Bahiagrass This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Bahiagrass sod care, culture, and good horticultural practice as shown in Publication ENH 6. Bahia grassed areas will be mowed to a height of 3" inches on average, depending upon established grass needs, by finish mower or a groom mower. • Seashore Paspalum This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Seashore Paspalum sod care, culture, and good horticultural practice as shown in Publication ENH 897 and 'Suggestions for the care of Seashore Paspalum' by Environmental Turf, Inc. © 2004. Paspalum (sports turf) grassed areas will be mowed to a height of 1" to 1.25" inch using a reel type mower. • Bermudagrass This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Bermudagrass sod care, culture, and good horticultural practice as shown in Publication ENH 19. Bermuda (sports turf) grassed areas will be mowed to a height of 1" to 1.25" inch using a reel type mower. • Zoysiagrass This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Zoysiagrass sod care, culture, and good horticultural practice as shown in Publication ENH 11. Zoysiagrass areas will be mowed to a height of 2.5" to 3" inches, depending upon established grass needs, by finish mower or a groom mower. At no time shall more than one -third (1/3) of the leaf surface be removed in one mowing in any turf area unless specifically authorized in writing by the City of Winter Springs. 31 Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering site (ex: sidewalks and curblines) and actual site locations. Areas are to look clean and neat and free of debris at all times. Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day that work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until disease is undetectable. No debris bags shall be left on site more than 5 hours. Turf care activities shall be scheduled during the normal work week (M -F 8am to 5pm) as a general rule. Should field conditions occur that require a modification to the normal service schedule, Service Provide must give the City's Project Manager 24 hours notice and receive approval prior to a service schedule modification. 2.0 MULCHING Mulching to be performed between October 15 and December 25 each year to keep planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of three (3) inches and placed, not dumped, as well as kept from around the immediate base of shrubs. Mini Pine Bark mulch is to be used unless directed by the City's Project Manager. 3.0 EDGING Edging of all walks, curbs, edging of pavements, and grass invasion shall be done weekly during the heavy growing season and bi- weekly for the remainder of the year. All grass and dirt to be blown off onto grass areas only. No debris shall be blown onto hard surfaces or into shrub or flower beds. Schedule for edging of soft surfaces such as turf, bed borders, and ground cover shall be performed bi- weekly or more as needed. 4.0 WEEDEATING Areas inaccessible to mowing equipment shall be kept neat and trimmed as needed. Trimming of grass and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, pond structures, sign posts and trees) will be done through chemical control within a limit of six inches (6 ") maximum or trimmer so as not to inflict damage of any kind to structure, equipment or tree. 5.0 PRUNING SHRUBS AND ORNAMENTALS Pruning of plants shall be performed as needed to remove dead wood harboring insects and disease and to promote maximum health and growth. The finding of insects or disease shall be reported immediately to the City Representative so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches. Pruning shall be performed to balance infiltration light to enhance new growth. Small leafed shrubs, such as Pittosporum, Azalea and Indian hawthorn, etc., are to be kept trimmed in a tight, neat appearance, with removal of partial new growth after no more that four inches of new growth appears. Larger leafed shrubs, such as vibumum, may attain new growth reaching from 2" to 4" before removal. But at no times are shrubs to display a disorderly appearance. Ornamentals, such as crinum lilies, are to be trimmed aggressively during the rainy season to be kept neat and fungus free. This may be as frequent as every other week. Sago palms are to be trimmed a minimum of three times a year, or more often, as needed, depending on growth and health. Azaleas are to be trimmed at regular intervals as described above with the exception of the months of October thru March when no trimming should be done to achieve maximum flowering. Wax myrtles are to be trimmed aggressively in order to maintain a neat, compact habitat. At no time is an herbicide to be used to rid plants of sucker growth. Instead, hand pulling or aggressive trimming routine is to be established. All ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fern, etc.) are to be systematically checked and cleaned with special attention to early spring cleanup. 32 Dead plant material shall be removed immediately during the normal service visit and a report filed with the City Project Manager detailing the location of removal and species removed. 6.0 PLANT REPLACEMENT The Contractor shall be responsible for replacing any plant materials that die or become damaged to the point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the maintenance operation. Replacement material shall be identical to plant species, quality and specifications of the materials at the time the loss occurs. 7.0 TREE TRIMMING All trees are to be trimmed as often as necessary to meet public safety requirements and comply with ISA industry standards. Trimming of established trees shall be to a minimum of eight (8) foot and a maximum of twelve (12) foot under canopy and pruned just outside the branch collar by the Service Provider. New or young trees are to be pruned with an ideal under canopy of six (6) feet or to a suitable and healthy height for each tree. Sucker growth is to be removed by hand or trimmer from the base of a tree. Herbicides are not to be used for this purpose. Palms are to be trimmed regularly to ensure the absence of seed pods and dead or dying fronds dropping to the ground and not as severely as the hurricane cut; using the 9/3 rule. Ligustrum and Holly trees are to be maintained per industry standards or as specified by City's Representative. Crape myrtle trees shall be pruned per industry standards (ISA) in late February through the first week in March each year. Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide safety to persons and vehicular traffic within any areas undergoing pruning. Work will be scheduled after consulting with the City's Representative. 8.0 WEEDING Weeding of all plant bed areas is to be as often as necessary to conform to the shrub trimming schedule, to control weed population and maintain healthy plants. Remove weeds, vines and "voluntary" seedlings from planting beds. Weed control in landscaped areas will be accomplished by hand weeding and /or application of round -up and a pre- emergent herbicide if needed. All weeds in sidewalks or pavement areas (including curbing) shall be chemically controlled or removed by hand. 9.0 ANNUALS (Annuals not included in base cost) Annuals will be changed four (4) times per year at all designated annual bed areas. Annuals are to be 4" full bloom and must be approved by Owner or City's Representative for each seasonal change variety. A schedule shall be determined and agreed upon by both Owner and Service Provider. Bed preparations are to consist of 14 -14 -14 Granular fungicide and Cavalier Subdue GR. along with any added soil preparations or enhancements needed to facilitate strong healthy growing annuals. Annuals beds are located at the following areas: 10.0 IRRIGATION Complete irrigation inspections shall be performed one (1) time per month at minimum. Details of the inspection shall be recorded on a log sheet (to be submitted with the monthly billing) and consist of the following: 1. Turning on each zone and inspecting each head for the proper coverage, including straightening, adjusting the output of water, adjusting spray pattern and unclogging any heads. 2. Repairing broken heads and lateral lines, as necessary. 3. Checking the irrigation controller(s) for proper operation and programming. If there are battery controllers on the site, check each for battery life and replace at 75% depletion. 33 4. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the mainline. 5. Checking water source for leaking and visual inspection of backflow device, if present. 6. Visually inspect turf, planters and trees in irrigated areas for signs of drought stress and effect adjustments and /or repairs to remedy the issue. A visual 'ride through' of all irrigated areas shall be done each week during the growing season and bi- weekly during the dormant season. This activity can also be accomplished by the mowing crew. The Service Provider shall submit a detailed report, at the time of billing of each monthly service, consisting of the clock and location, each zone by number, and any repairs or work performed during that service. All parts used will be itemized on the bill with a maximum of $ 250.00 billed for repairs without VERBAL approval during the regular monthly scheduled maintenance visit. If there is an additional cost for repairs beyond the maximum of $250, the Owner or City Representative must be given a verbal report of the repair and costs involved before the work is to be performed. No payment will be made for heads or parts damaged by the Service Provider. Service Provider shall immediately repair any and all damaged property within the areas specified in this agreement to meet original specifications with commercial quality irrigation parts. All work performed by Contractor to meet industry standards. All irrigation heads replaced during the monthly service must be turned in to the City along with the monthly billing, in order to qualify for payment. All labor required to repair or replace defective parts is included in the contract price except when repairing valves, main lines or lateral lines over 1 '/2 ", clock or wiring problems, or lines under sidewalks or roadways. Labor cost for these services is established in the bid calculation sheet of SECTION 00300, BID FORM. Material costs shall be paid on the basis of approved wholesale documented cost plus 15% for overhead and proft. Contractor is to immediately notify Owner if a mainline leak is noticed. Should the Service Provider need to shut down the mainline for any reason, the Owner must be contacted at: (407) 327 -6597. 11. CHEMICAL PROGRAM FERTILIZATION /PEST CONTROL- TURF The general program shall meet or exceed the University of Florida Cooperative Extension Services yearly Calendar for sod care and culture, and good horticultural practices standards. The program shall be based on soil samples taken at random from various areas of the site, in sufficient number so as to be characteristic of the areas to be fertilized. The cost of the securing and analyzing the soil samples shall be included in the bid. The results of the soils sampling shall be reported to the City representative. Soil amendments, nutrients, pesticides, fungicides, and any other chemicals deemed proper and beneficial or are required to maintain the turf and plant material by the Contractor shall be included in the fertilization program at no additional cost. All fertilizers shall always contain minor elements. A minimum of six (6) fertilization (3 granular) and insect and disease applications shall be applied on all St. Augustine grass annually at approximately two -month intervals. Additional spot treatments may be needed in certain areas due to various conditions that may occur. Such additional treatments shall be deemed to be included in the contract price. One (1) fertilization (granular) shall be applied to all irrigated Bahia grass annually in mid - summer (unless otherwise specified). No chemical application shall be made to non - irrigated Bahia grass. Spot treatments of insecticide and /or fungicide may be necessary throughout the year due to varying field conditions. Such additional treatments shall be deemed to be included in the contract price. Applications of fertilizer shall follow Cooperative Extension Service suggested guidelines and sound horticultural practices for each applicable turf variety. Any turf areas or landscape materials, killed or damaged as a result of over - fertilization or lack of chemical application will be re- established to an acceptable condition. 34 SECTION 01400 SERVICE AREA DETAIL LOCATIONS (with specific service guidelines): Bear Creek Nature Trail. Apply non - selective herbicide to mulched parking lot & trail, as needed. Mow Bahia grass around parking lot. Weed eat around bollards. Maintain trail width by trimming back encroaching brush or tree limbs as needed. Inspect trees and canopy along trail areas & prune as needed. Diane's Little Park. Mow Bahia grass areas. Weed eat around signs, posts and trees along parking area. Apply fire ant bait/killer as needed. Apply non - selective herbicide to weeds in playground areas. Fruitwood Park. Mow, weed eat & blow park. Spray non - selective herbicide where visible weeds are in sidewalk cracks. Trim low hanging tree branches as needed. Apply fire ant bait/killer as needed. Moss Park. Reel mow Paspalum turf areas (do not contaminate Paspalum with other grasses). Mow Bahia grass areas. Weed eat creek banks and all applicable areas. Edge around all walks and concrete areas. Edge around palms. Trim and weed landscapes. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply fire ant bait/killer as needed. Apply non - selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non - selective herbicide where visible weeds are in sidewalk cracks. Oak Hollow Park. Mow, edge, weed eat park. Apply non - selective herbicide to weeds in playground areas as needed. Trim and weed landscape areas. Apply fire ant bait/killer as needed. Apply non - selective herbicide to weeds in playground areas. Spray non - selective herbicide where visible weeds are in sidewalk cracks. Ranchlands Park. Mow and weed eat park. Edge, rake and apply non - selective herbicide to sand volleyball court. Apply fire ant bait/killer as needed. Apply non - selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Sam Smith Park. Mow edge weed eat and blow park. Trim palmettos. Weed eat around pond. Weed and trim landscapes. Apply fire ant bait/killer as needed. Apply non - selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non - selective herbicide where visible weeds are in sidewalk cracks. Sunshine Park. Reel mow Bermuda turf fields. Weed eat around backstops and fence (do not contaminate Bermuda/Zoysia turf with other grasses). Mow weed eat, edge and blow Zoysia areas on Thursday's only due to Senior Citizen Event Schedule. Mow weed eat edge blow rear common areas (Bahia). Weed and trim shrubs, landscapes and trees. Weed eat around pond. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply non- selective herbicide to weeds in playground areas. Apply fire ant bait/killer as needed. Power blow debris from pavilions (as applicable) after each service. Spray non - selective herbicide where visible weeds are in sidewalk cracks. Do not provide any service under the scope of this agreement to Sunshine Park on Wednesdays due to the Senior Center Events Schedule unless directed by a City Representative. 41 Torcaso Park. Reel mow edge, weed eat, blow Paspalum turf field (do not contaminate Paspalum with other grasses). Mow, weed eat, edge & blow around the splash pad area before 9:30am due to customers using splash pad (opens at 10:OOam). Mow, weed eat edge blow the rest of park to include around the pond. Apply fire ant bait/killer as needed. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply non - selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non- selective herbicide where visible weeds are in sidewalk cracks. Trotwood Park. Reel mow all Bermuda athletic areas. Weed eat, edge and blow Bermuda athletic areas. (do not contaminate Bermuda with other grasses) Mow, weed eat, edge and blow all common areas in park (Bahia) weed and trim landscapes and trees. Apply fire ant bait/killer as needed. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply non - selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non - selective herbicide where visible weeds are in sidewalk cracks. Winding Hollow Park Mow, edge, weed eat park. Apply non - selective herbicide to weeds in playground areas. Trim and weed landscape areas. Apply fire ant bait/killer as needed. Power blow debris from pavilions (as applicable) after each service. Spray non - selective herbicide where visible weeds are in sidewalk cracks. ** *End of Section * ** 42 SECTION 00300 BID FORM GENERAL 1.1 Description The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER. Bid is submitted by: Dawnalee Corporation 216 Stoner Rd. Winter Springs, FL 32708 (Insert legal name, address, and whether sole proprietorship, partnership or corporation.) 1.2 The Undersigned: A. Acknowledges receipt of: 1. Project Manual for the Neighborhood Parks Landscape Maintenance ITB 001/11/AG dated October 2010. 2. Drawings 3. General Notes /Details 4. Addenda: Number N/A , dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 90 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute a contract with the OWNER, if awarded on the basis of this Bid. 4. To accomplish the work in accordance with the contract documents. 5. To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise provided, and to complete the work within one year of date of the Notice to Proceed. 1.3 Stipulated Amount A. Base Bid I will provide the services under this project for the Base Bid Amount of Fifty -six thousand three hundred & eighty -eight Dollars($ 56388.00 ) The Base Bid amount reflects pricing for the following Services (check that apply): X Landscape Maintenance X Irrigation Maintenance Chemical Program etztA W 6 y1 \`1 The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of fumishing all manpower, equipment, materials and performance of all operations relative to the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. The Owner, at his sole option and discretion, may choose to add or deduct from the contract work at the unit prices set forth below. Service Provider shall be paid for actual quantities completed in accordance with the Contract Documents. The following is the order of precedence which will be used in case of conflicts within the Bid Schedule provided by each Bidder: Unit Cost, Total Cost, Total Base Bid (See attached Bid Form). 1.4 Major Equipment (Not Used) 1.5 Bid Schedule A. Proposals (Bids) must be submitted in triplicate with original signatures in blue ink on the Bid Form. B. I have attached evidence of qualification and licensing to do business in the State and locality of this project. C. I have attached the required Bid Security to this Bid, if applicable. D. I have attached a list of all subcontractors I will utilize for the Contract work. E. I have included all requested documentation as shown in Section 00100 Instructions To Bidders. 1.6 Submittal RESPECTFULLY SUBMITTED, signed and sealed this 5th day of November , 2010. Service Provider By (signature) Title President Business Address 216 Stoner Road City Winter Springs State Florida Zip 32708 Phone (407) 696 - 7343 ATTEST: SECRETARY DATE: AFFIX CORPORATE SEAL ** If your company is an L.L.C., please note that fact in the box. * *Section 00300 - Continued on the next page ** 6-t,6 7 BID CALCULATION SHEET — PART 1 Landscape Maintenance (ITB 001 /11 /AG) Item No, &Description Jan 1 thru Dec 31 1. Bear Creek Trail Unit Cost /$ 94.50x 12 Months = $ 1134_ Year 2. Diane's Park Unit Cost /$189. x 12 Months = $ 2268. Year 3. Fruitwood Park Unit Cost /$142. x 12 Months = $ 1704. Year 4. Moss Park Unit Cost /$378• x 12 Months = $ 4536. Year 5. Oak Hollow Park Unit Cost /$ 283•50x 12 Months = $ 3402. Year 6. Ranchlands Park Unit Cost /$142. x 12 Months = $ 1704. Year 7. Sam Smith Park Unit Cost /$850. x 12 Months = $ 10200. Year 8. Sunshine Park Unit Cost /$378. x 12 Months = $ 4536_ Year 9. Torcaso Park Unit Cost /$ 378• x 12 Months = $ 4536. Year 10. Trotwood Park Unit Cost /$512. x 12 Months = $ 18144. Year 11. Winding Hollow Unit Cost /$142. x 12 Months = $ 1704. Year Park TOTAL COST (A) $ 53868.00 Year * If not bidding this portion, place a '0' in the total cost field. 9 & BID CALCULATION SHEET — PART 2 Irrigation Maintenance (ITB 001/11/AG) Item No, &Description Jan 1 thru Dec 31 4. Moss Park Unit Cost /$ 30 • x 12 Months = $ 360. Year 5. Oak Hollow Park Unit Cost /$ 30 x 12 Months = $ 360. Year 7. Sam Smith Park Unit Cost /$ 30. x 12 Months = $ 360. Year 8. Sunshine Park Unit Cost /$ 30 • x 12 Months = $ 360. Year 9. Torcaso Park Unit Cost /$ 30. x 12 Months = $ 360. Year 10. Trotwood Park Unit Cost /$ 30 • x 12 Months = $ 360. Year 11. Winding Hollow Unit Cost /$ 30. x 12 Months = $ 360. Year Park TOTAL COST (B) $ 2520.00 Year • If not bidding this portion, place a '0' in the total cost field. BID CALCULATION SHEET — PART 3 Pest Control and Fertilization Chemical Program (ITB 001/11/AG) Item No, &Description Jan 1 thru Dec 31 4. Moss Park Unit Cost /$ x 12 Months = $ Year 8. Sunshine Park Unit Cost /$ x 12 Months = $ Year 9. Torcaso Park Unit Cost /$ x 12 Months = $ Year 10. Trotwood Park Unit Cost /$ x 12 Months = $ Year TOTAL COST (C) $ 0 Year • If not bidding this portion, place a '0' in the total cost field. ADD TOTAL COST (A +B +C): $ 56388.00 GRAND TOTAL PER YEAR. - -Enter this amount on the BID FORM— Sec. 00300 (1.3A) -- 6 11 016,/,&0--A-4-1—eZ, BID CALCULATION SHEET — PART 4 UNIT COSTS The Bidder agrees with all conditions herein stated, proposes to contract, to the Base Bid sums, with the Owner the following Unit Costs resulting in additions to or deductions from the Base Bid as follows: UNIT PRICE #1 Additional Mulch Provided & Installed (Pine) $ 45.00 per cubic yd. UNIT PRICE #2 (Provide and install) 5.50 Labor to install 1 Gallon Plant $ each Labor to install 3 Gallon Plant $ 11 - UU each Labor to install 7 Gallon Plant $ 25.00 each Labor to install 15 Gallon Tree $ Quote each Labor to install 30 Gallon Tree $ Ouote each Installation of 4" Annual $ 1.10 each UNIT PRICE #3 Irrigation Repairs and Troubleshooting beyond Contract Requirements: Labor (Main Technician) $ 45.00 per hour Labor (Helper) $ l5. UU per hour Additional Material Cost to furnish part (labor not included): Rotors — PGP Gear $ 21 .00 each Rotors —160 Gear $ 77.85 each Rotors —125 Gear $ 33.85 each Pop -Up Sprinklers 6" $ 6.35 each Pop - Up Sprinklers 12 "$ 12.50 each Shrub Nozzles $ 11.15 each Rainbird MC 24 Sta. $ 915.00 each Zone Valves - 1" $ 12.25 each Zone Valves - 2" $ 65.00 each Zone Valves - 3" $ 180.00 each 9V Battery $ 5.50 each TBOS — 4 Sta. $ 229.00 each TBOS —1 Sta. $ 149.00 each Hunter ICC Controller (12 sta.) $ 280.15 each UNIT PRICE #4 Labor and materials for tree pruning and /or removal: Labor (Cutter) $ 45.00 per hour Labor (Groundsman) $ 20.00 per hour UNIT PRICE #5 (Materials and labor) 25 00 Spraying of Round Up $ r per square foot Spraying of Growth Inhibitor $ 15 _ nn per gallon UNIT PRICE #6 (Materials and labor) Drag Ball Fields $ 250 _ nn per acre = _ • ' Clay installation $ 250_00 per yard • _ `• 12 _ - :.:,�: -eZrx� / l-11„ Overseeding (Rye) $ 350.00 per acre Verticutting $ 400.00 per acre Aeration $ s iS.UU per acre Top Dressing $ /5.00 per yard Sodding (labor only / per pallet) $ 90.00 ** *End of Section *** 13 /4 62tA Attachment `A.2' AGREEMENT FOR CHEMICAL SERVICES THIS AGREEMENT FOR CHEMICAL SERVICES ( "Agreement ") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ( "City"), located at 1126 East State Road 434, Winter Springs, Florida 32708, and Power Exterminators, Inc., a Florida corporation, authorized to conduct business in Florida ( "Service Provider"), located at 5032 Forsyth Commerce Road, Suite 2, Orlando, FL 32807. WITNESSETH: WHEREAS, City wishes to obtain Neighborhood Parks Chemical Services for Bid# ITB 001/11/AG on a continuing basis; and WHEREAS, Service Provider participated in the selection and negotiation process; and WHEREAS, Service Provider is willing to provide such Neighborhood Parks Chemical Services for the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 GENERAL PROVISIONS 1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. 1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. 2.0 TERM AND DEFINITIONS 2.1 This contract shall be for a term of twelve (12) months commencing on January 1. 2011 and terminating on December 31, 2011. By mutual agreement of both parties hereto, the term of this Agreement may be extended for two (2) additional one year terms, provided the City determines, in its discretion, that Service Provider has adequately performed during the previous term of this Agreement. In the event this contract is extended, the contract price may be adjusted to allow for consumer price increases based on Bureau of Labor and Statistics - Producer Price Index not to exceed 2 (two) percent. The adjustment will be based on the annual contract period from the same period of the previous year and calculated prior to renewal. The Agreement may be canceled in whole or part by the City or the Service Provider, upon giving at least (30) days written notice prior to cancellation; EXCEPT that non - performance on the part of the Service Provider will be grounds for immediate termination. Unless otherwise provided in said notice, all work being performed by Service Provider at the time of receipt of the notice shall immediately cease and no further work shall be provided by Service Provider under this Agreement. 1 2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Service Provider to provide the maintenance services approved by the City. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. c. "Service Provider" shall mean Power Exterminators, Inc., a Florida Corporation, and its principals, officers, employees, and agents. d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. f. "City Project Manager" or "Designated Representative" or "Project Director" for the City or his designee, who is to provide the general administration of the Agreement. 3.0 SCOPE OF SERVICES 3.1 Service Provider shall provide those Neighborhood Parks Chemical Services. for the City of Winter Springs. as set forth in the "Scope of Work," attached hereto as Exhibit 'A' and fully incorporated herein by this reference, including the furnishing of all labor, equipment, tools, materials, incidentals and the performing of all operations necessary as described in the Project Manual for City of Winter Springs ITB 001/11/AG. 4.0 CHANGES IN THE SCOPE OF WORK 4.1 City may make changes in the Services at any time by giving written notice to Service Provider. If such changes increase (additional services) or decrease or eliminate any amount of Work, City and Service Provider will negotiate any change in total cost or schedule modifications. If the City and the Service Provider approve any change, the Contract will be modified in writing to reflect the changes. All change orders shall be authorized in writing by City's and Service Provider's designated representative. 4.2 All of City's amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. 5.0 SCHEDULE 5.1 Service Provider shall perform services in conformance with the schedule reasonably established by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprized of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply with the schedule. 5.2 No extension for completion of services shall be granted to Service Provider without City's prior written consent. 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to the Agreement. the City agrees to pay Service Provider a sum not to exceed THIRTEEN THOUSAND NINE HUNDRED AND EIGHTY Dollars ($13,980). If this Agreement is extended, the total annual amount paid to Service Provider shall not exceed the above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this Agreement. 6.2 Additional Services. From time to time during the term of this Agreement, City may request that Service Provider perform additional Services not required under the Project Manual. For those additional services agreed upon by the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the parties in writing. 6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its principals, employees, and independent professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. 7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS All Service Provider's records with respect to any matters covered by this Agreement shall be made available to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Service Provider within thirty (30) days after receipt by the Service Provider. Failure of the Service Provider to comply with the above audit requirements will constitute a material breach of this Agreement and may result, at the sole discretion of the City, in the withholding of payment for services provided under this Agreement. 9.0 PROFESSIONALISM AND STANDARD OF CARE 9.1 Service Provider shall do, perform and carry out in a professional manner all Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 10.0 SUBMITTAL OF PROGRESS REPORTS 10.1 Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed -upon Services. If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Service Provider. 11.0 WARRANTY OF PROFESSIONAL SERVICES 11.1 The Service Provider (for itself and any of its employees, contractors, partners, and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its contractors, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 3 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER 12.1 Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and /or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Service Provider is duly licensed under all local, state and federal laws to provide the Services stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING 13.1 With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING 14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project Manager. 15.0 SAFETY 15.1 Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing Services provided hereunder. 16.0 INSURANCE 16.1 Liability Amounts. During the term of this Agreement, Service Provider shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The Service Provider shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence to protect the Service Provider from claims of property damages which may arise from any Services performed under this Agreement whether such Services are performed by the Service Provider or by anyone directly employed by or contracting with the Service Provider. b. The Service Provider shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000.000 property damage as the combined single limit for each occurrence to protect the Service Provider from claims for damages for bodily injury, including wrongful death, as well as from 4 claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the Service Provider or by anyone directly or indirectly employed by the Service Provider. c. The Service Provider shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $1.000,000 for all of its employees performing Work for the City pursuant to this Agreement. 16.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the City by Service Provider upon the Effective Date of this Agreement which satisfied the insurance requirements of this paragraph 16.0. Renewal certificates shall be sent to the City 30 days prior to any expiration date. There shall also be a 30 -day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time. 16.3 Independent Associates and Consultants. All independent contractors or agents employed by Service Provider to perform any Services hereunder shall fully comply with the insurance provisions contained in these paragraphs for sections 15 and 16. 17.0 COMPLIANCE WITH LAWS AND REGULATIONS 17.1 Service Provider shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and /or ordinances applicable to the performance of Services under this Agreement. 18.0 DOCUMENTS 18.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider and its independent contractors and associates related, directly or indirectly, to this Agreement. may be deemed to be a Public Record whether in the possession or control of the City or the Service Provider. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider be open and freely exhibited to the City for the purpose of examination and/or audit. 18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law. 19.0 ASSIGNMENT 19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of City. 19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and /or omissions performed by the subcontractor as if no subcontract had been made. 19.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 5 19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION; DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES 20.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: a. Service Provider defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within fourteen (14) calendar days after written notice from the City specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within fourteen (14) calendar days, in which case the Service Provider shall have such time as is reasonably necessary to remedy the default, provided the Service Provider promptly takes and diligently pursues such actions as are necessary therefore; or b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of creditors or Service Provider becomes insolvent, or is unable or unwilling to pay its debts; or c. Service Provider has acted negligently, as defined by general and applicable law, in performing the Services hereunder; or d. Service Provider has committed any act of fraud upon the City; or e. Service Provider has made a material misrepresentation of fact to the City while performing its obligations under this Agreement; or f. Service Provider is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right or remedy City may have under this Agreement. 20.2 Notwithstanding the aforementioned, in the event of a default by Service Provider. the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 21.0 FORCE MAJEURE 21.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 22.0 GOVERNING LAW & VENUE 22.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 6 23.0 HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 24.0 SEVERABILITY 24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION; MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 26.0 WAIVER AND ELECTION OF REMEDIES 26.1 Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 26.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 27.0 THIRD PARTY RIGHTS 27.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 28.0 PROHIBITION AGAINST CONTINGENT FEES 28.1 Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement. and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 29.0 NO JOINT VENTURE 29.1 Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 7 30.0 ATTORNEY'S FEES 30.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non - prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 31.0 COUNTERPARTS 31.1 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 32.0 DRAFTING 32.1 City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 33.0 NOTICE 33.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Service Provider: Power Exterminators, Inc. 5032 Forsyth Commerce Road Suite 2 Orlando, FL 32807 For City: City of Winter Springs Parks and Recreation Department 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327 -6597 Facsimile: (407) 327 -4763 33.2 Either party may change the notice address by providing the other party written notice of the change. 34.0 SOVEREIGN IMMUNITY 34.1 Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 8 35.0 INDEMNIFICATION 35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: a. any default under this Agreement by Service Provider; b. any negligent act, omission or operation of work related to all Services performed under this Agreement by Service Provider, and its employees, principals, agents, independent contractors, and consultants. c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its employees, partners, contractors, and agents on the performance of the Services being performed under this Agreement; d. Service Provider's, and its employees, partners, contractors, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service Provider's and its employees, partners, contractors, and agents performance under this Agreement; e. any fraud and misrepresentation conducted by Service Provider and its employees, partners, contractors, and agents on the City under this Agreement. 35.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners, employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 36.0 ORDER OF PRECEDENCE 36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement; b. This Agreement; c. Exhibits to this Agreement; and d. The Bid documents. 36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 37.0 AGREEMENT INTERPRETATION 37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 9 37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. SERVICE PROVIDER: Name (Printed and Signed) Title Date CITY: CITY OF WINTER SPRINGS, FLORIDA A Florida municipal corporation KEVIN L. SMITH City Manager Date ATTEST: ANDREA LORENZO - LUACES, City Clerk 10 SECTION 01100 TECHNICAL SPECIFICATIONS SPECIFIC TASKS 1.0 TURF CARE In general, mowing of all grassed areas shall be no less than once every seven (7) days in the Heavy Growing Season and shall be no less than bi- weekly, or as instructed by the City's Representative, during the Dormant Growing Season. During Heavy Growing Season, mow athletic turf areas (Bermuda & Paspalum) two (2) times per week unless directed otherwise by the City Representative. Growing seasons are dictated by the weather and therefore may change per the City's Representative, but otherwise shall be: Heavy Growing Season - March 15 through October 15. Dormant Growing Season - October 14 through March 14. SPECIFIC TURF CARE • St. Augustine This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for St. Augustine sod care, culture, and good horticultural practice as shown in Publication ENH 5. St. Augustine grassed areas will be mowed to a height of 4 to 4.5" inches on average, depending upon established grass needs, by finish mower or a groom mower. • Bahiagrass This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Bahiagrass sod care, culture, and good horticultural practice as shown in Publication ENH 6. Bahia grassed areas will be mowed to a height of 3" inches on average, depending upon established grass needs, by finish mower or a groom mower. • Seashore Paspalum This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Seashore Paspalum sod care, culture, and good horticultural practice as shown in Publication ENH 897 and 'Suggestions for the care of Seashore Paspalum' by Environmental Turf, Inc. © 2004. Paspalum (sports turf) grassed areas will be mowed to a height of 1" to 1.25" inch using a reel type mower. • Bermudagrass This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Bermudagrass sod care, culture, and good horticultural practice as shown in Publication ENH 19. Bermuda (sports turf) grassed areas will be mowed to a height of 1" to 1.25" inch using a reel type mower. • Zoysiagrass This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Zoysiagrass sod care, culture, and good horticultural practice as shown in Publication ENH 11. Zoysiagrass areas will be mowed to a height of 2.5" to 3" inches, depending upon established grass needs, by finish mower or a groom mower. At no time shall more than one -third (1/3) of the leaf surface be removed in one mowing in any turf area unless specifically authorized in writing by the City of Winter Springs. 31 Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering site (ex: sidewalks and curblines) and actual site locations. Areas are to look clean and neat and free of debris at all times. Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day that work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until disease is undetectable. No debris bags shall be left on site more than 5 hours. Turf care activities shall be scheduled during the normal work week (M -F 8am to 5pm) as a general rule. Should field conditions occur that require a modification to the normal service schedule, Service Provide must give the City's Project Manager 24 hours notice and receive approval prior to a service schedule modification. 2.0 MULCHING Mulching to be performed between October 15 and December 25 each year to keep planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of three (3) inches and placed, not dumped, as well as kept from around the immediate base of shrubs. Mini Pine Bark mulch is to be used unless directed by the City's Project Manager. 3.0 EDGING Edging of all walks, curbs, edging of pavements, and grass invasion shall be done weekly during the heavy growing season and bi- weekly for the remainder of the year. All grass and dirt to be blown off onto grass areas only. No debris shall be blown onto hard surfaces or into shrub or flower beds. Schedule for edging of soft surfaces such as turf, bed borders, and ground cover shall be performed bi- weekly or more as needed. 4.0 WEEDEATING Areas inaccessible to mowing equipment shall be kept neat and trimmed as needed. Trimming of grass and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, pond structures, sign posts and trees) will be done through chemical control within a limit of six inches (6 ") maximum or trimmer so as not to inflict damage of any kind to structure, equipment or tree. 5.0 PRUNING SHRUBS AND ORNAMENTALS Pruning of plants shall be performed as needed to remove dead wood harboring insects and disease and to promote maximum health and growth. The finding of insects or disease shall be reported immediately to the City Representative so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches. Pruning shall be performed to balance infiltration light to enhance new growth. Small leafed shrubs, such as Pittosporum, Azalea and Indian hawthorn, etc., are to be kept trimmed in a tight, neat appearance, with removal of partial new growth after no more that four inches of new growth appears. Larger leafed shrubs, such as vibumum, may attain new growth reaching from 2" to 4" before removal. But at no times are shrubs to display a disorderly appearance. Omamentals, such as crinum lilies, are to be trimmed aggressively during the rainy season to be kept neat and fungus free. This may be as frequent as every other week. Sago palms are to be trimmed a minimum of three times a year, or more often, as needed, depending on growth and health. Azaleas are to be trimmed at regular intervals as described above with the exception of the months of October thru March when no trimming should be done to achieve maximum flowering. Wax myrtles are to be trimmed aggressively in order to maintain a neat, compact habitat. At no time is an herbicide to be used to rid plants of sucker growth. Instead, hand pulling or aggressive trimming routine is to be established. All ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fern, etc.) are to be systematically checked and cleaned with special attention to early spring cleanup. 32 Dead plant material shall be removed immediately during the normal service visit and a report filed with the City Project Manager detailing the location of removal and species removed. 6.0 PLANT REPLACEMENT The Contractor shall be responsible for replacing any plant materials that die or become damaged to the point that the plant grade is Tess than Florida Number 1 as a result of neglect or damage caused by the maintenance operation. Replacement material shall be identical to plant species, quality and specifications of the materials at the time the loss occurs. 7.0 TREE TRIMMING All trees are to be trimmed as often as necessary to meet public safety requirements and comply with ISA industry standards. Trimming of established trees shall be to a minimum of eight (8) foot and a maximum of twelve (12) foot under canopy and pruned just outside the branch collar by the Service Provider. New or young trees are to be pruned with an ideal under canopy of six (6) feet or to a suitable and healthy height for each tree. Sucker growth is to be removed by hand or trimmer from the base of a tree. Herbicides are not to be used for this purpose. Palms are to be trimmed regularly to ensure the absence of seed pods and dead or dying fronds dropping to the ground and not as severely as the hurricane cut; using the 9/3 rule. Ligustrum and Holly trees are to be maintained per industry standards or as specified by City's Representative. Crape myrtle trees shall be pruned per industry standards (ISA) in late February through the first week in March each year. Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide safety to persons and vehicular traffic within any areas undergoing pruning. Work will be scheduled after consulting with the City's Representative. 8.0 WEEDING Weeding of all plant bed areas is to be as often as necessary to conform to the shrub trimming schedule, to control weed population and maintain healthy plants. Remove weeds, vines and "voluntary" seedlings from planting beds. Weed control in landscaped areas will be accomplished by hand weeding and /or application of round -up and a pre- emergent herbicide if needed. All weeds in sidewalks or pavement areas (including curbing) shall be chemically controlled or removed by hand. 9.0 ANNUALS (Annuals not included in base cost) Annuals will be changed four (4) times per year at all designated annual bed areas. Annuals are to be 4" full bloom and must be approved by Owner or City's Representative for each seasonal change variety. A schedule shall be determined and agreed upon by both Owner and Service Provider. Bed preparations are to consist of 14 -14 -14 Granular fungicide and Cavalier Subdue GR. along with any added soil preparations or enhancements needed to facilitate strong healthy growing annuals. Annuals beds are located at the following areas: 10.0 IRRIGATION Complete irrigation inspections shall be performed one (1) time per month at minimum. Details of the inspection shall be recorded on a log sheet (to be submitted with the monthly billing) and consist of the following: 1. Turning on each zone and inspecting each head for the proper coverage, including straightening, adjusting the output of water, adjusting spray pattern and unclogging any heads. 2. Repairing broken heads and lateral lines, as necessary. 3. Checking the irrigation controller(s) for proper operation and programming. If there are battery controllers on the site, check each for battery life and replace at 75% depletion. 33 4. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the mainline. 5. Checking water source for leaking and visual inspection of backflow device, if present. 6. Visually inspect turf, planters and trees in irrigated areas for signs of drought stress and effect adjustments and /or repairs to remedy the issue. A visual 'ride through' of all irrigated areas shall be done each week during the growing season and bi- weekly during the dormant season. This activity can also be accomplished by the mowing crew. The Service Provider shall submit a detailed report, at the time of billing of each monthly service, consisting of the clock and location, each zone by number, and any repairs or work performed during that service. All parts used will be itemized on the bill with a maximum of $ 250.00 billed for repairs without VERBAL approval during the regular monthly scheduled maintenance visit. If there is an additional cost for repairs beyond the maximum of $250, the Owner or City Representative must be given a verbal report of the repair and costs involved before the work is to be performed. No payment will be made for heads or parts damaged by the Service Provider. Service Provider shall immediately repair any and all damaged property within the areas specified in this agreement to meet original specifications with commercial quality irrigation parts. All work performed by Contractor to meet industry standards. All irrigation heads replaced during the monthly service must be turned in to the City along with the monthly billing, in order to qualify for payment. All labor required to repair or replace defective parts is included in the contract price except when repairing valves, main lines or lateral lines over 1 '/2 ", clock or wiring problems, or lines under sidewalks or roadways. Labor cost for these services is established in the bid calculation sheet of SECTION 00300, BID FORM. Material costs shall be paid on the basis of approved wholesale documented cost plus 15% for overhead and profit. Contractor is to immediately notify Owner if a mainline leak is noticed. Should the Service Provider need to shut down the mainline for any reason, the Owner must be contacted at: (407) 327 -6597. 11. CHEMICAL PROGRAM FERTILIZATION /PEST CONTROL- TURF The general program shall meet or exceed the University of Florida Cooperative Extension Services yearly Calendar for sod care and culture, and good horticultural practices standards. The program shall be based on soil samples taken at random from various areas of the site, in sufficient number so as to be characteristic of the areas to be fertilized. The cost of the securing and analyzing the soil samples shall be included in the bid. The results of the soils sampling shall be reported to the City representative. Soil amendments, nutrients, pesticides, fungicides, and any other chemicals deemed proper and beneficial or are required to maintain the turf and plant material by the Contractor shall be included in the fertilization program at no additional cost. All fertilizers shall always contain minor elements. A minimum of six (6) fertilization (3 granular) and insect and disease applications shall be applied on all St. Augustine grass annually at approximately two -month intervals. Additional spot treatments may be needed in certain areas due to various conditions that may occur. Such additional treatments shall be deemed to be included in the contract price. One (1) fertilization (granular) shall be applied to all irrigated Bahia grass annually in mid- summer (unless otherwise specified). No chemical application shall be made to non - irrigated Bahia grass. Spot treatments of insecticide and /or fungicide may be necessary throughout the year due to varying field conditions. Such additional treatments shall be deemed to be included in the contract price. Applications of fertilizer shall follow Cooperative Extension Service suggested guidelines and sound horticultural practices for each applicable turf variety. Any turf areas or landscape materials, killed or damaged as a result of over - fertilization or lack of chemical application will be re- established to an acceptable condition. 34 SECTION 01400 SERVICE AREA DETAIL LOCATIONS (with specific service guidelines): Bear Creek Nature Trail. Apply non - selective herbicide to mulched parking lot & trail, as needed. Mow Bahia grass around parking lot. Weed eat around bollards. Maintain trail width by trimming back encroaching brush or tree limbs as needed. Inspect trees and canopy along trail areas & prune as needed. Diane's Little Park. Mow Bahia grass areas. Weed eat around signs, posts and trees along parking area. Apply fire ant bait/killer as needed. Apply non - selective herbicide to weeds in playground areas. Fruitwood Park. Mow, weed eat & blow park. Spray non - selective herbicide where visible weeds are in sidewalk cracks. Trim low hanging tree branches as needed. Apply fire ant bait/killer as needed. Moss Park. Reel mow Paspalum turf areas (do not contaminate Paspalum with other grasses). Mow Bahia grass areas. Weed eat creek banks and all applicable areas. Edge around all walks and concrete areas. Edge around palms. Trim and weed Landscapes. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply fire ant bait/killer as needed. Apply non - selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non - selective herbicide where visible weeds are in sidewalk cracks. Oak Hollow Park. Mow, edge, weed eat park. Apply non - selective herbicide to weeds in playground areas as needed. Trim and weed landscape areas. Apply fire ant bait/killer as needed. Apply non - selective herbicide to weeds in playground areas. Spray non - selective herbicide where visible weeds are in sidewalk cracks. Ranchlands Park. Mow and weed eat park. Edge, rake and apply non - selective herbicide to sand volleyball court. Apply fire ant bait/killer as needed. Apply non - selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Sam Smith Park. Mow edge weed eat and blow park. Trim palmettos. Weed eat around pond. Weed and trim landscapes. Apply fire ant bait/killer as needed. Apply non - selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non - selective herbicide where visible weeds are in sidewalk cracks. Sunshine Park. Reel mow Bermuda turf fields. Weed eat around backstops and fence (do not contaminate Bermuda/Zoysia turf with other grasses). Mow weed eat, edge and blow Zoysia areas on Thursday's only due to Senior Citizen Event Schedule. Mow weed eat edge blow rear common areas (Bahia). Weed and trim shrubs, landscapes and trees. Weed eat around pond. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply non- selective herbicide to weeds in playground areas. Apply fire ant bait/killer as needed. Power blow debris from pavilions (as applicable) after each service. Spray non - selective herbicide where visible weeds are in sidewalk cracks. Do not provide any service under the scope of this agreement to Sunshine Park on Wednesdays due to the Senior Center Events Schedule unless directed by a City Representative. 41 Torcaso Park. Reel mow edge, weed eat, blow Paspalum turf field (do not contaminate Paspalum with other grasses). Mow, weed eat, edge & blow around the splash pad area before 9:30am due to customers using splash pad (opens at 10:OOam). Mow, weed eat edge blow the rest of park to include around the pond. Apply fire ant bait/killer as needed. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply non - selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non- selective herbicide where visible weeds are in sidewalk cracks. Trotwood Park. Reel mow all Bermuda athletic areas. Weed eat, edge and blow Bermuda athletic areas. (do not contaminate Bermuda with other grasses) Mow, weed eat, edge and blow all common areas in park (Bahia) weed and trim landscapes and trees. Apply fire ant bait/killer as needed. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply non - selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non - selective herbicide where visible weeds are in sidewalk cracks. Winding Hollow Park Mow, edge, weed eat park. Apply non - selective herbicide to weeds in playground areas. Trim and weed landscape areas. Apply fire ant bait/killer as needed. Power blow debris from pavilions (as applicable) after each service. Spray non - selective herbicide where visible weeds are in sidewalk cracks. ** *End of Section * ** 42 SECTION 00300 BID FORM GENERAL 1.1 Description The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER. Bid is submitted by: %tiler &X+eml tr) nrs Talc. 3d''2. `-h cc Rd. Or 1endo 3213o1 (Insert legal name, address, and whether sole proprietorship, partnership or corporation.)Ce_Cricore- hor 1.2. The Undersigned: A. Acknowledges receipt of: 1. Project Manual for the Neighborhood Parks Landscape Maintenance ITB 001/11/AG dated October 2010. 2. Drawings 3. General Notes/Details 4. Addenda: Number , dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 90 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute a contract with the OWNER, if awarded on the basis of this Bid. 4. To accomplish the work in accordance with the contract documents. 5. To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise provided, and to complete the work within one year of date of the Notice to Proceed. 1.3 Stipulated Amount A. Base Bid I will provide the services under this project for the Base Bid Amount of 11rrt¢rrrtlh 4 fl 2bo Dollars ($ 13,980."= ). The Base Bid amount reflects pricing for the following Services (check that apply): _ Landscape Maintenance _ Irrigation Maintenance X Chemical Program 6 The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of fumishing all manpower, equipment, materials and performance of all operations relative to the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. The Owner, at his sole option and discretion, may choose to add or deduct from the contract work at the unit prices set forth below. Service Provider shall be paid for actual quantities completed in accordance with the Contract Documents. The following is the order of precedence which will be used in case of conflicts within the Bid Schedule provided by each Bidder: Unit Cost, Total Cost, Total Base Bid (See attached Bid Form). 1.4 Major Equipment (Not Used) 1.5 Bid Schedule A. Proposals (Bids) must be submitted in triplicate with original signatures in blue ink on the Bid Form. B. I have attached evidence of qualification and licensing to do business in the State and locality of this project. C. I have attached the required Bid Security to this Bid, if applicable. D. I have attached a list of all subcontractors I will utilize for the Contract work. E. I have included all requested documentation as shown in Section 00100 Instructions To Bidders. 1.6 Submittal n RESPECTFULLY SUBMITTED, signed and sealed this day of 1 'U✓4'r1 , 2010. Service Provi . �� A, By (signature) �� � Title ��►o^ M� Business Address • Z c I ► i e(C. Rd City _ Inc -{o State FL Zip 32.131D Phone .445 2t z 8 S ZQ ATTEST: SECRETARY DATE: AFFIX COP °^ °ATE SEAL " If your company is an L.L.C., please note that fact in the box. � �EStMIiy,� o 4 4 &po? Ic n SEAL, 2602 4 ZORO' "Section 00300 - Continued on the next page" 7 BID CALCULATION SHEET — PART 1 Landscape Maintenance (ITB 001 /11 /AG) Item No,B<Description Jan 1 thru Dec 31 aheyk.1 oro 1. Bear Creek Trail Unit Cost /$ x 12 Months = $ Year 2. Diane's Park Unit Cost I$ x 12 Months = $ Year 3. Fruitwood Park Unit Cost /$ x 12 Months = $ Year 4. Moss Park Unit Cost I$ x 12 Months = $ Year 5. Oak Hollow Park Unit Cost /$ x 12 Months = $ Year 6. Ranchlands Park Unit Cost /$ x 12 Months = $ Year 7. Sam Smith Park Unit Cost /$ x 12 Months = $ Year 8. Sunshine Park Unit Cost I$ x 12 Months = $ Year 9. Torcaso Park Unit Cost /$ x 12 Months = $ Year 10. Trotwood Park Unit Cost /$ x 12 Months = $ Year 11. Winding Hollow Unit Cost /$ x 12 Months = $ Year Park TOTAL COST (A) $ Al A Year * If not bidding this portion, place a `0' in the total cost field. 9 BID CALCULATION SHEET — PART 2 Irrigation Maintenance (ITB 001111 /AG) Item No, &Description JaD 1 thru Dec 31 Ph an% cal ch144. Moss Park Unit Cost /$ x 12onths = $ Year 5. Oak Hollow Park Unit Cost /$ x 12 Months = $ Year 7. Sam Smith Park Unit Cost /$ x 12 Months = $ Year 8. Sunshine Park Unit Cost /$ x 12 Months = $ Year 9. Torcaso Park Unit Cost /$ x 12 Months = $ Year 10. Trotwood Park Unit Cost /$ x 12 Months = $ Year 11. Winding Hollow Unit Cost /$ x 12 Months = $ Year Park TOTAL COST (B) $ i4'P Year K not bidding this portion, place a '0' in the total cost field. 10 BID CALCULATION SHEET - PART 3 Pest Control and Fertilization Chemical Program (ITB 001 /11 /AG) Item No,&Description Jan 1 thru Dec 31 4. Moss Park Unit Cost /$ q. x 12 Months = $ < MP Year 8. Sunshine Park Unit Cost /$2.5 x 12 Months = 135R8 Year 9. Torcaso Park Unit Cost /$ 1(D 1 x 12 Months = $ 1 32 Year 4212 10. Trotwood Park Unit Cost /$ x 12 Months = $ 1344 Year TOTAL COST (C) $ I 3,9 8th Year ' If not bidding this portion, place a `0' in the total cost field. ADD TOTAL COST (A +B +C): $ 13 83 GRAND TOTAL PER YEAR. -Enter this amount on the BID FORM - Sea 00300 (1.3A)- 11 ATTACHMENT 'B' BID TABULATION CITY OF WINTER SPRINGS, FL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 407 - 327 -1800 ITB NUMBER: ITB- 001 /11 /AG PROJECT NAME: NEIGHBORHOOD PARKS LANDSCAPE MAINTENANCE Opened: 2:30 P.M. Closed: 2:45 P.M. Date: NOVEMBER 8, 2010 Called By: Steven Richart, Community Development Department, Urban Beautification Manager Witnessed By: Alan Greene, Parks and Recreation Department, Parks & Grounds Company Name: P &L Lawn Maintenance, Inc. Address: 300 N. Goldenrod Road, Orlando, FL 32807 Base Bid: $ 92,040 Services: L, I, C Company Name: Dawnalee Corp. Address: 216 Stoner Road, Winter Springs, FL 32708 Base Bid: $ 56,388 Services: L, I Company Name: TruGreen Limited Partnership Address: 2175 N. Forsyth Road, Orlando, FL 32807 Base Bid: $ 15,870 Services: C - Only Company Name: CCR Landscape Management, LLC. Address: P.O. Box 1324, Deland, FL 32720 Base Bid: $ 162,016 Services: L, C Company Name: Central Florida Landscaping and Maintenance, Inc. Address: PO Box 620645, Oviedo, FL 32762 Base Bid: $ 85,020 Services: L, I, C Company Name: Kirkland's Property Management Services, LLC. Address: 224 Sterling Rose Court, Apopka, FL 32703 Base Bid: $ 75,540 Services: L, I, C Company Name: Carol King Landscape Maintenance, Inc. Address: 7032 Old Cheney Hwy, Orlando, FL 32807 Base Bid: $ 92,628 Services: L, I, C Company Name: Power Exterminators, Inc. Address: 385 Center Pointe Circle, Alt. Sprgs., FL 32710 Base Bid: $ 13,980 Services: C — Only Company Name: Annan Landscape Company, LLC Address: 991 Explorer Cove, Ste. 133, Alt. Sprgs., FL 32701 Base Bid: $ 69,300 Services: L, I, C . . . � , AGREEMEN� FOR LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES ("AgreemenY') is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), located at 1126 East State Road 434, Winter Springs, Ftorida 32708, and Dawnalee Corporation, a Florida corporation, authorized to conduct business in Florida ("Service Provider'), located at 216 Stoner Road, Winter Springs, FL 32708. WITNESSETH: WHEREAS, City wishes to obtain Neighborhood Parks Landscape Maintenance Services for Bid# ITB 001/11/AG on a continuing basis; and WHEREAS, Service Provider participated in the selection and negotiation process; and WHEREAS, Service Provider is willing to provide such Neighborhood Parks Landscape Maintenance Services for the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 GENERAL PROVISIONS 1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. 1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the Ciry that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. 2.0 TERM AND DEFINITIONS 2.1 This contract shall be for a term of twelve (12) months commencing on January 1, 2011 and terminating on December 31, 2011. By mutual agreement of both parties hereto, the term of this Agreement may be extended for two (2) additional one year terms, provided the City determines, in its discretion, that Service Provider has adequately performed during the previous term of this Agreement. In the event this contract is extended, the contract price may be adjusted to allow for consumer price increases based on Bureau of Labor and Statistics - Producer Price Index not to exceed 2(two) percent. The adjustment will be based on the annual contract period from the same period of the previous year and calculated prior to renewal. The Agreement may be canceled in whole or part by the City or the Service Provider, upon giving at least (30) days written notice prior to cancellation; EXCEPT that non-performance on the part of the Service Provider will be grounds for immediate termination. Unless otherwise provided in said notice, all work being performed by Service Provider at the time of receipt of the notice shall immediately cease and no further work shall be provided by Service Provider under this Agreement. 1 • .� 2.2 Definitions. The following words and phrases used in this Agreement shali have the foliowing meaning ascribed to them unless the context clearly indicates otherwise: a. "AgreemenY' or "ContracY' shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Service Provider to provide the maintenance services approved by the City. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. c. "Service Provider" shall mean Dawnalee Corporation, a Florida Corporation, and its principals, officers, employees, and agents. d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. "Work" or "Services" shall be used interchangeably and sha�l include the performance of the work agreed to by the parties in this Agreement. f. "City Project Manage�' or "Designated Representative" or "Project Director" for the City, or his designee, who is to provide the general administration of the Agreement. 3.0 SCOPE OF SERVICES 3.1 Service Provider shall provide those Neighborhood Parks Landscape Maintenance Services, for the City of Winter Springs, as set forth in the "'Scope of Work," attached hereto as Exhibit `A' and fully incorporated herein by this reference, including the furnishing of all labor, equipment, tools, materials, incidentals and the performing of all operations necessary as described in the Project Manual for City of Winter Springs ITB 001 /11 /AG. 4.0 CHANGES IN THE SCOPE OF WORK 4.1 City may make changes in the Services at any time by giving written notice to Service Provider. If such changes increase (additional services) or decrease or eliminate any amount of Work, City and Service Provider will negotiate any change in total cost or schedule modifications. If the City and the Service Provider approve any change, the Contract will be modified in writing to reflect the changes. All change orders shall be authorized in writing by City's and Service Provider's designated representative. 4.2 All of City's amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. 5.0 SCHEDULE 5.1 Service Provider shall perform services in conformance with the schedule reasonably established by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprized of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply with the schedule. 5.2 No extension for completion of services shall be granted to Service Provider without City's prior written consent. 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay Service Provider a sum not to exceed FIFTY SIX THOUSAND AND THREE HUNDRED EIGHTY-EIGHT Dollars ($56,388). If this Agreement is extended, the total annual amount paid to Service Provider shall not exceed the above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this Agreement. � ' 6.2 Additional Services. From time to time during the term of this Agreement, City may request that Service Provider perform additional Services not required under the Project Manual. For those additional services agreed upon by the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the parties in writing. 6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its principals, employees, and independent professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the Ciry for actual work performed. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. 7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS All Service Provider's records with respect to any matters covered by this Agreement shall be made available to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Service Provider within thirty (30) days after receipt by the Service Provider. Failure of the Service Provider to comply with the above audit requirements will constitute a material breach of this Agreement and may result, at the sole discretion of the City, in the withholding of payment for services provided under this Agreement. 9.0 PROFESSIONALISM AND STANDARD OF CARE 9.1 Service Provider shall do, perform and carry out in a professional manner all Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 10.0 SUBMITTAL OF PROGRESS REPORTS 10.1 Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. The report shall in a su�cient manner demonstrate that any funds expended were used to provide the agreed-upon Services. If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Service Provider. 11.0 WARRANTY OF PROFESSIONAL SERVICES 11.1 The Service Provider (for itself and any of its employees, contractors, partners, and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its contractors, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and direct the Woric, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 3 . �12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER 12.1 Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and/or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Service Provider is duly licensed under all local, state and federal laws to provide the Services stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING 13.1 With regard to any and all Work perFormed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING 14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project Manager. 15.0 SAFETY 15.1 Service Provider shall be solely and absolutely responsib�e and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing Services provided hereunder. 16.0 INSURANCE 16.1 Liability Amounts. During the term of this Agreement, Service Provider shall be responsible for providing the types of insurance and limits of liability as set forth below. � a. The Service Provider shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence to protect the Service Provider from claims of property damages which may arise from any Services performed under this Agreement whether such Services are performed by the Service Provider or by anyone directly employed by or contracting with the Service Provider. b. The Service Provider shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the Service Provider from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of 4 . . owned and non-owned automobiles, including rented automobites whether such operations be by the Service Provider or by anyone directly or indirectly employed by the Service Provider. c. The Service Provider shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $1,000,000 for all of its employees performing Work for the City pursuant to this Agreement. 16.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the City by Service Provider upon the Effective Date of this Agreement which satisfied the insurance requirements of this paragraph 16.0. Renewal certificates shall be sent to the City 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time. 16.3 Independent Associates and Consultants. All independent contractors or agents employed by Service Provider to perform any Services hereunder shall fully comply with the insurance provisions contained in these paragraphs for sections 15 and 16. 17.0 COMPLIANCE WITH LAWS AND REGULATIONS 17.1 Service Provider shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and/or ordinances applicable to the performance of Services under this Agreement. 18.0 DOCUMENTS 18.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Service Provider. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider be open and freely exhibited to the City for the purpose of examination and/or audit. 18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law. 19.0 ASSIGNMENT 19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of City. 19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and/or omissions perFormed by the subcontractor as if no subcontract had been made. 19.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 5 • 19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION; DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES 20.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: a. Service Provider defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within fourteen (14) calendar days after written notice from the City specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within fourteen (14) calendar days, in which case the Service Provider shall have such time as is reasonably necessary to remedy the default, provided the Service Provider promptly takes and diligently pursues such actions as are necessary therefore; or b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of creditors or Service Provider becomes insolvent, or is unable or unwilling to pay its debts; or c. Service Provider has acted negligently, as defined by general and applicable law, in performing the Services hereunder; or d. Service Provider has committed any act of fraud upon the City; or e. Service Provider has made a material misrepresentation of fact to the City while performing its obligations under this Agreement; or f. Service Provider is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right or remedy Ciry may have under this Agreement. 20.2 Notwithstanding the aforementioned, in the event of a default by Service Provider, the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 21.0 FORCE MAJEURE 21.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 22.0 GOVERNING LAW & VENUE 22.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 6 . ?3.0 HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 24.0 SEVERABILITY 24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the Ciry, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validiry and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION: MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 26.0 WAIVER AND ELECTION OF REMEDIES 26.1 Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 26.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 27.0 THIRD PARTY RIGHTS 27.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 28.0 PROHIBITION AGAINST CONTINGENT FEES 28.1 Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 29.0 NO JOINT VENTURE 29.1 Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 7 , 30.0 ATTORNEY'S FEES 30.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 31.0 COUNTERPARTS 31.1 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 32.0 DRAFTING 32.1 City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 33.0 NOTICE 33.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Service Provider Dawnalee Corporation 216 Stoner Road Winter Springs, FL 32708 For Citv: City of Winter Springs Parks and Recreation Department 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327-6597 Facsimile: (407) 327-4763 33.2 Either party may change the notice address by providing the other party written notice of the change. 34.0 SOVEREIGN IMMUNITY 34.1 Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 8 • 35.0 INDEMNIFICATION 35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fuilest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: a. any default under this Agreement by Service Provider; b. any negligent act, omission or operation of work related to all Services performed under this Agreement by Service Provider, and its employees, principals, agents, independent contractors, and consultants. c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its employees, partners, contractors, and agents on the performance of the Services being performed under this Agreement; d. Service Provider's, and its employees, partners, contractors, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service Provider's and its employees, partners, contractors, and agents performance under this Agreement; e. any fraud and misrepresentation conducted by Service Provider and its employees, partners, contractors, and agents on the City under this Agreement. 35.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners, empioyees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 36.0 ORDER OF PRECEDENCE 36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement; b. This Agreement; c. Exhibits to this Agreement; and d. The Bid documents. 36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 37.0 AGREEMENT INTERPRETATION 37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the Ciry's interpretation and agrees to carry out the work in accordance with the decision of the City. 37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably 9 ' equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. SERVICE PROVIDER: � � � � � �a- N Printed and Signed) �� �*� r� Title ��� �t; � � C� Date CITY: CITY OF WINTER SPRINGS, Ft_ORIDla A Florida municipal corporatt� . � KEVIN L. ITH ' ^ City Ma ager !z z4 u Date ATT ST: ORENZO-LUACES, City Clerk .' 10 SECTION 01100 TECHNICAL SPECIFICATIONS SPECIFIC TASKS 1.0 TURF CARE in general, mowing of all grassed areas shall be no less than once every seven (7) days in the Heavy Growing Season and shail be no less than bi-weekly, or as instructed by the City's Representative, during the Dormant Growing Season. During Heavy Growing Season, mow athietic turf areas (Bermuda & Paspalum) two (2) times per week unless directed othervvise by the City Representative. Growing seasons are dictated by the weather and therefore may change per the City's Representative, but otherwise shall be: Heavy Growing Season - March 15 through October 15. Dormant Growing Season - October 14 through March 14. SPECIFIC TURF CARE • St. Augustine This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for St. Augustine sod care, culture, and good horticultural practice as shown in Publication ENH 5. St. Augustine grassed areas will be mowed to a height of 4 to 4.5° inches on average, depending upon established grass needs, by finish mower or a groom mower. • Bahiagrass This specific mowing program, at minimum, unless othervvise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Bahiagrass sod care, culture, and good horticultural practice as shown in Publication ENH 6. Bahia grassed areas will be mowed to a height of 3" inches on average, depending upon established grass needs, by finish mower or a groom mower. • Seashore Paspalum This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Seashore Paspalum sod care, culture, and good horticultural practice as shown in Publication ENH 897 and `Suggestions for the care of Seashore Paspalum' by Environmental Turf, Inc. O 2004. Paspalum (sports tur� grassed areas will be mowed to a height of 1" to 1.25" inch using a reel type mower. • Bermudagrass This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Bermudagrass sod care, culture, and good horticultural practice as shown in Publication ENH 19. Bermuda (sports turfl grassed areas will be mowed to a height of 1" to 1.25" inch using a reel type mower. • Zoysiagrass This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Zoysiagrass sod care, culture, and good horticultural practice as shown in Publication ENH 11. Zoysiagrass areas will be mowed to a height of 2.5" to 3° inches, depending upon established grass needs, by finish mower or a groom mower. At no time shall more than one-third (1/3) of the leaf surface be removed in one mowing in any turf area unless specifically authorized in writing by the Ciry of Winter Springs. 31 Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering site (ex: sidewalks and curhlines) and actual site locations. Areas are to look clean and neat and free of debris at atl times. Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day that work is performed. Lawn clippings may be left on the turf areas so long as no readily visible clumps remain on the grass surface after mowing. Otherwise large clumps of clippings will be collected and disposed of by Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until disease is undetectable. No debris bags shall be left on site more than 5 hours. Turf care activities shall be scheduled during the normal work week (M-F 8am to 5pm) as a general rule. Should field conditions occur that require a modification to the normal service schedule, Service Provide must give the City's Project Manager 24 hours notice and receive approval prior to a service schedule modification. 2.0 MULCHING Mulching to be performed between October 15 and December 25 each year to keep planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of three (3) inches and placed, not dumped, as well as kept from around the immediate base of shrubs. Mini Pine Bark mulch is to be used unless directed by the City's Project Manager. 3.0 EDGING Edging of all walks, curbs, edging of pavements, and grass invasion shall be done weekly during the heavy growing season and bi-weekly for the remainder of the year. All grass and dirt to be blown off onto grass areas only. No debris shall be blown onto hard surfaces or into shrub or flower beds. Schedule for edging of soft surfaces such as turf, bed borders, and ground cover shall be performed bi-weekly or more as needed. 4.0 WEEDEATING Areas inaccessible to mowing equipment shall be kept neat and trimmed as needed. Trimming of grass and weeds around any fixed objects (walls, light posts, light fixtures, equipment boxes, pond structures, sign posts and trees) will be done through chemical control within a limit of six inches (6") maximum or trimmer so as not to inflict damage of any kind to structure, equipment or tree. 5.0 PRUNING SHRUBS AND ORNAMENTALS Pruning of plants shall be performed as needed to remove dead wood harboring insects and disease and to promote maximum health and growth. The finding of insects or disease shall be reported immediately to the City Representative so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches. Pruning shall be performed to balance infiltration light to enhance new growth. Smatl leafed shrubs, such as Pittosporum, Azalea and Indian hawthorn, etc., are to be kept trimmed in a tight, neat appearance, with removal of partial new growth after no more that four inches of new growth appears. Larger leafed shrubs, such as vibumum, may attain new growth reaching from 2" to 4" before removal. But at no times are shrubs to display a disorderly appearance. Ornamentals, such as crinum lilies, are to be trimmed aggressively during the rainy season to be kept neat and fungus free. This may be as frequent as every other week. Sago palms are to be trimmed a minimum of three times a year, or more often, as needed, depending on growth and health. Azaleas are to be trimmed at regular intervals as described above with the exception of the months of October thru March when no trimming should be done to achieve maximum flowering. Wax myrtles are to be trimmed aggressively in order to maintain a neat, compact habitat. At no time is an herbicide to be used to rid plants of sucker growth. Instead, hand pulling or aggressive trimming routine is to be established. All ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fern, etc.) are to be systematically checked and cleaned with special attention to early spring cleanup. 32 Dead plant material shall be removed immediately during the normal service visit and a report filed with the City Project Manager detailing the location of removal and species removed. 6.0 PLANT REPLACEMENT The Contractor shail be responsible for replacing any plant materials that die or become damaged to the point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the maintenance operation. Replacement material shali be identical to plant species, qualiry and specifications of the materials at the time the loss occurs. 7.0 TREE TRIMMING All trees are to be trimmed as often as necessary to meet public safety requirements and comply with ISA industry standards. Trimming of established trees shall be to a minimum of eight (8) foot and a maximum of twelve (12) foot under canopy and pruned just outside the branch collar by the Service Provider. New or young trees are to be pruned with an ideal under canopy of six (6) feet or to a suitable and healthy height for each tree. Sucker growth is to be removed by hand or trimmer from the base of a tree. Herbicides are not to be used for this purpose. Palms are to be trimmed regularly to ensure the absence of seed pods and dead or dying fronds dropping to the ground and not as severely as the hurricane cut; using the 9/3 ru/e. Ligustrum and Holly trees are to be maintained per industry standards or as specified by City's Representative. Crape myrtle trees shall be pruned per industry standards (ISA) in late February through the first week in March each year. Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide safery to persons and vehicular traffic within any areas undergoing pruning. Work will be scheduled after consulting with the City's Representative. 8.0 WEEDING Weeding of all plant bed areas is to be as often as necessary to conform to the shrub trimming schedule, to control weed population and maintain healthy plants. Remove weeds, vines and "voluntary" seedlings from planting beds. Weed control in �andscaped areas will be accomplished by hand weeding and/or application of round-up and a pre-emergent herbicide if needed. All weeds in sidewalks or pavement areas (including curbing) shall be chemically controlled or removed by hand. 9.0 ANNUALS (Annuals not included in base cost) Annuals will be changed four (4) times per year at all designated annual bed areas. Annuals are to be 4" full bloom and must be approved by Owner or City's Representative for each seasonal change variety. A schedule shall be determined and agreed upon by both Owner and Service Provider. Bed preparations are to consist of 14-14-14 Granular fungicide and Cavalier Subdue GR. along with any added soil preparations or enhancements needed to facilitate strong healthy growing annuals. Annuals beds are located at the following areas: 10.0 IRRIGATION Complete irrigation inspections shall be performed one (1) time per month at minimum. Details of the inspection shall be recorded on a log sheet (to be submitted with the monthly billing) and consist of the following: 1. Turning on each zone and inspecting each head for the proper coverage, including straightening, adjusting the output of water, adjusting spray pattern and unclogging any heads. 2. Repairing broken heads and lateral lines, as necessary. 3. Checking the irrigation controller(s) for proper operation and programming. If there are battery controllers on the site, check each for battery life and replace at 75% depletion. 33 4. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the mainline. 5. Checking water source for leaking and visual inspection of backflow device, if present. 6. Visually inspect turf, planters and trees in irrigated areas for signs of drought stress and effect adjustments and/or repairs to remedy the issue. A visual `ride through' of all irrigated areas shall be done each week during the growing season and bi-weekly during the dormant season. This activity can also be accomplished by the mowing crew. The Service Provider shall submit a detailed report, at the time of billing of each monthly service, consisting of the clock and location, each zone by number, and any repairs or work performed during that service. All parts used will be itemized on the bill with a maximum of 250.00 billed for repairs without VERBAL approval during the regular monthly scheduled maintenance visit. If there is an additional cost for repairs beyond the maximum of $250, the Owner or City Representative must be given a verbal report of the repair and costs involved before the work is to be performed. No pavment will be made for heads or parts damaged bv the Service Provider Service Provider shall immediately repair any and all damaged property within the areas specified in this agreement to meet original specifications with commercial quality irrigation parts. All work performed by Contractor to meet industry standards. All irrigation heads replaced durinQ the monthly service must be turned in to the City alonQ with the monthlv billing, in order to qualifv for payment. All labor required to repair or replace defective parts is included in the contract price except when repairing valves, main lines or lateral lines over 1'/:", clock or wiring problems, or tines under sidewalks or roadways. Labor cost for these services is established in the bid calculation sheet of SECTION 00300, BID FORM. Material costs shall be paid on the basis of approved wholesale documented cost plus 15% for overhead and profit. Contractor is to immediatelv notify Owner if a mainline leak is noticed. Should the Service Provider need to shut down the mainline for any reason, the Owner must be contacted at: (407) 327-6597. 11. CHEMICAL PROGRAM FERTILIZATION/PEST CONTROL- TURF The general program shall meet or exceed the University of Florida Cooperative Extension Services yearly Calendar for sod care and culture, and good horticultural practices standards. The program shall be based on soil samples taken at random from various areas of the site, in sufficient number so as to be characteristic of the areas to be fertilized. The cost of the securing and analyzing the soil samples shall be included in the bid. The results of the soils sampling shall be reported to the City representative. Soil amendments, nutrients, pesticides, fungicides, and any other chemicals deemed proper and beneficial or are required to maintain the turf and plant material by the Contractor shall be included in the fertilization program at no additional cost. All fertilizers shall always contain minor elements. A minimum of six (6) fertilization (3 granula�j and insect and disease applications shall be applied on all St. Augustine grass annually at approximately two-month intervals. Additional spot treatments may be needed in certain areas due to various conditions that may occur. Such additional treatments shall be deemed to be included in the contract price. One (1) fertilization (granular) shall be applied to all irri ated Bahia grass annually in mid-summer (unless otherwise specified). No chemical application shall be made to non-irriqated Bahia grass. Spot treatments of insecticide and/or fungicide may be necessary throughout the year due to varying field conditions. Such additional treatments shall be deemed to be incfuded in the contract price. Applications of fertilizer sha►I follow Cooperative Extension Service suggested guidelines and sound horticultural practices for each applicable turf variety. Any turf areas or landscape materials, killed or damaged as a result of over-fertilization or lack of chemical application will be re-established to an acceptable condition. 34 �— _ _ _ _ _ SECTION 01400 SERVICE AREA DETAIL LOCATIONS (with specific service guidelines): Bear Creek Nature Trail. Apply non-selective herbicide to mulched parking lot 8� trail, as needed. Mow Bahia grass around parking lot. Weed eat around bollards. Maintain trail width by trimming back encroaching brush or tree limbs as needed. Inspect trees and canopy along trail areas & prune as needed. Diane's Little Park. Mow Bahia grass areas. Weed eat around signs, posts and trees along parking area. Apply fire ant baiUkiller as needed. Apply non-selective herbicide to weeds in playground areas. Fruitwood Park. Mow, weed eat & blow park. Spray non-selective herbicide where visible weeds are in sidewa�k cracks. Trim low hanging tree branches as needed. Apply fire ant baiUkiller as needed. Moss Park. Reel mow Paspalum turf areas (do not contaminate Paspalum with othergrasses). Mow Bahia grass areas. Weed eat creek banks and all applicable areas. Edge around all walks and concrete areas. Edge around palms. Trim and weed landscapes. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply fire ant baiUkiller as needed. Apply non-selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non-selective herbicide where visible weeds are in sidewalk cracks. Oak Hollow Park. Mow, edge, weed eat park. Apply non-selective herbicide to weeds in playground areas as needed. Trim and weed landscape areas. Apply fire ant baiUkiller as needed. Apply non-selective herbicide to weeds in playground areas. Spray non-selective herbicide where visible weeds are in sidewalk cracks. Ranchlands Park. Mow and weed eat park. Edge, rake and apply non-selective herbicide to sand volleyball court. Apply fire ant baiUkiller as needed. Apply non-selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Sam Smith Park. Mow edge weed eat and blow park. Trim palmettos. Weed eat around pond. Weed and trim landscapes. Apply fire ant baiUkiller as needed. Apply non-selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non-selective herbicide where visible weeds are in sidewalk cracks. Sunshine Park. Reel mow Bermuda turf fields. Weed eat around backstops and fence (do not contaminate Bermuda/Zoysia turf with other grasses). Mow weed eat, edge and blow Zoysia areas on Thursday's o� due to Senior Citizen Event Schedule. Mow weed eat edge blow rear common areas (Bahia). Weed and trim shrubs, landscapes and trees. Weed eat around pond. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply non- selective herbicide to weeds in playground areas. Apply fire ant baiVkiller as needed. Power blow debris from pavilions (as applicable) after each service. Spray non-selective herbicide where visib�e weeds are in sidewalk cracks. Do not provide anv service under the scope of this aqreement to Sunshine Park on Wednesdavs due to the Senior Center Events Schedule unless directed bv a Citv Representative. 41 � -_ T -. . - . __. _ . _ _ . _-._ _ --._ __ -- Torcaso Park. Reel mow edge, weed eat, blow Paspalum turf field (do not contaminate Paspa/um with other grasses). Mow, weed eat, edge & blow around the splash pad area before 9:30am due to customers using splash pad (opens at 10:OOam). Mow, weed eat edge blow the rest of park to include around the pond. Apply fire ant bait/killer as needed. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply non-selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non- setective herbicide where visible weeds are in sidewalk cracks. Trotwood Park. Reel mow all Bermuda athletic areas. Weed eat, edge and blow Bermuda athletic areas. (do not contaminate Bermuda with other grasses) Mow, weed eat, edge and blow all common areas in park (Bahia) weed and trim landscapes and trees. Apply fire ant bait/killer as needed. Apply chemicals as per schedule (on/y in irrigated turf and planter areas). Apply non-selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non-selective herbicide where visible weeds are in sidewalk cracks. Windinq Hollow Park Mow, edge, weed eat park. Apply non-selective herbicide to weeds in playground areas. Trim and weed landscape areas. Apply fire ant baiUkiller as needed. Power blow debris from pavilions (as applicable) after each service. Spray non-selective herbicide where visible weeds are in sidewalk cracks. "'End of Section*'* 42 SECTION 00300 BID FORM I. GENERAL 1.1 Description The followin Bid is hereby made to the Ci of Winter Springs, hereafter called the OWNER. Bid is submitted by: Dawnalee Corporation 216 Stoner Rd. Winter Springs, FL 32708 (Insert legal name, address, and whether sole proprietorship, partnership or corporation.) 1.2 The Undersigned: A. Acknowledges receipt of: 1. Project Manual for the Neighborhood Parks Landscape Maintenance ITB 001/11/AG dated October 2010. 2. Drawings 3. General Notes/Details 4. Addenda: Number N/A , dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 90 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute a contract with the OWNER, if awarded on the basis of this Bid. 4. To accomplish the work in accordance with the contract documents. 5. To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise provided, and to complete the work within one year of date of the Notice to Proceed. 1.3 Stipulated Amount A. Base Bid I will provide the services under this project for the Base Bid Amount of Fifty-six thousand three hundred & eighty-eight Dotlars($ 56388.00 � The Base Bid amount reflects pricing for the following Services (check that apply): X Landscape Maintenance X Irrigation Maintenance -'�'._._"•- Chemical Program - �: — � -- � ��r/ , `• + f l ���'JJ //��/ / I '�( A � �� • � -. \ � � • - '�/% / � L� �/'�� 1���� - W V ��` .,/.._..._+r. _ `1` ,� = __ - � � - __ - 6 ��l;u� ��?! t` _.. � ` �L�li �/�e�2e��z-� The Bidder hereby agrees to perform ail work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of fumishing all manpower, equipment, materials and performance of ail operations relative to the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. The Owner, at his sole option and discretion, may choose to add or deduct from the contract work at the unit prices set forth below. Service Provider shall be paid for actual quantities completed in accordance with the Contract Documents. The following is the order of precedence which will be used in case of conflicts within the Bid Schedule provided by each Bidder: Unit Cost, Total Cost, Total Base Bid (See attached Bid Form). 1.4 Major Equipment (Not Used) 1.5 Bid Schedule A. Proposals (Bids) must be submitted in triplicate with original signatures in blue ink on the Bid Form. B. I have attached evidence of qualification and licensing to do business in the State and locality of this project. C. I have attached the required Bid Security to this Bid, if applicable. D. I have attached a list of all subcontractors I will utilize for the Contract work. E. I have included all requested documentation as shown in Section 00100 Instructions To Bidders. 1.6 Submittal RESPECTFULLY SUBMITTED, signed and sealed this 5 � day of ��r , 2010. Service Provider By (signature) Title �esident Business Address 216 Stoner Road City Winter Springs State Florida Zip 32708 Phone ( 407 ) 696-73�3 ATTEST: SECRETARY DATE: AFFIX CORPORATE SEAL '• If your company is an L.L.C., please note that fact in the box. . �, -- ---__ �- = ,�,-- :'- � -'ti- _ ��_. �� -�: . ;. := :. - - —. �, : - � 'J '�'.. -' •"�� I . �•• *tSection 00300 - Continued on the next page*" G�����I.L�C.T?�� �-�"`� � ������ BID CALCULATION SHEET — PART 1 Landscape Maintenance (ITB 001/11/AG) Item No,&Description Jan 1 thru Dec 31 1. Bear Creek Trail Unit Cost /$ 94 • 5mc 12 Months =$ 11 '�4 _ Year 2. Diane's Park Unit Cost /$189. x 12 Months =$ 2268. Year 3. Fruitwood Park Unit Cost /$ � 42. x 12 Months =$ 1704. Year 4. Moss Park Unit Cost /$ 3 � 8 • x 12 Months =$ 4536. Year 5. Oak Hollow Park Unit Cost /$ 283 • 50 12 Months =$ 3402. Year 6. Ranchlands Park Unit Cost /$142, x 12 Months =$ 1704. Year 7. Sam Smith Park Unit Cost /$850, x 12 Months =$ 10200. Year 8. Sunshine Park Unit Cost /$378. x 12 Months =$ 4536_ Year 9. Torcaso Park Unit Cost /$ x 12 Months =$ 4536. Year 10. Trotwood Park Unit Cost /� 2 • x 12 Months =$ 18144. Year 11. Winding Hollow Unit Cost /$� 42 • x 12 Months =$ � 704 • Year Park TOTAL COST (A1 $ 53868.00 Year ' If not bidding this portion, place a'0' in the total cost field. - :.v _ --" -_.�. � - .� — =-� �' =�_ � �^ -�, --�_ _ --�� : -- 9 � � -- . o�.�.�nu � `� '.�-_:._-'� �� �•�-�,�� BID CALCULATION SHEET—PART 2 Irriqation Maintenance (ITB 001/11/AG) Item No,&Description Jan 1 thru Dec 31 4. Moss Park Unit Cost /$ 30 • x 12 Months =$ 360. Year 5. Oak Hollow Park Unit Cost /$ 30 x 12 Months =$ 360. Year 7. Sam Smith Park Unit Cost /$ 30 • x 12 Months =$ 360. Year 8. Sunshine Park Unit Cost /$ 30 • x 12 Months =$ 360. Year 9. Torcaso Park Unit Cost /$ 30. x 12 Months =$ 360. Year 10. Trotwood Park Unit Cost /$ 30 • x 12 Months =$ 360. Year 11. Winding Hollow Unit Cost /$ 30. x 12 Months =$ 360. Year Park TOTAL COST (B) g 2520.00 Year ` If not bidding this portion, place a'0' in the total cost field. _ —__ _ � '_- _�:. � " - � ` • � i ' 1 - V � ��� -` � - " � ` _ ' '_ ..d.+.� - . 1��. _ v - JJv_ 10 � .�.__..� y � � G�a� � BID CALCULATION SHEET— PART 3 Pest Control and Fertilization Chemical Proqram (ITB 001/11/AG) Item No,&Description Jan 'I thru Dec 31 4. Moss Park Unit Cost /$ x 12 Months =$ Year 8. Sunshine Park Unit Cost /$ x 12 Months =$ Year 9. Torcaso Park Unit Cost /$ x 12 Months =$ Year 10. Trotwood Park Unit Cost /$ x 12 Months =$ Year TOTAL COST (C1 $ � Year ' If not bidding this portion, place a'0' in the total cost field. ADD TOTAL COST (A+B+C): $ 56388.00 GRAND TOTAL PER YEAR. --Enter this amount on the BID FORM — Sec. 00300 (1.3A)-- ._.�----. � _ -�� ,-:,:., : '_-- - -- - - _ _t- _ - :- � t �/� .�.�..� • � • � � - �/ t� r�r� ' 7 7 ' ` __ � �-� _ _ �' 1 1 �!�� r -....-..'. ,�l=:�.�%r/6 � . � `�,•�.�.e�a��. BID CALCULATION SHEET - PART 4 � iJNIT COSTS The Bidder agrees with all conditions herein stated, proposes to contract, to the Base Bid sums, with the Owner the following Unit Costs resulting in additions to or deductions from the Base Bid as follows: UNIT PRICE #1 Additional Mulch Provided & Installed (Pine) $ 45. 00 per cubic yd. UNIT PRICE #2 (Provide and install) 5.50 Labor to install 1 Gallon Plant $ each Labor to install 3 Gallon Plant $��� each Labor to install 7 Gallon Plant $��- each Labor to install 15 Gallon Tree $ o e each Labor to install 30 Gallon Tree $ ote each Installation of 4" Annual $ each UNIT PRICE #3 Irrigation Repairs and Troubleshooting beyond Contract Requirements: Labor (Main Technician) $ 45.00 per hour Labor (Helper) $ ��� per hour Additional Material Cost to fumish part (labor not included): Rotors — PGP Gear $ 21 .00 each Rotors —160 Gear $ 77 • 85 each Rotors —125 Gear $ • 5 each Pop-Up Sprinklers 6" $ each Pop-Up Sprinklers 12"$ each Shrub Nozzles $ each Rainbird MC 24 Sta. $ 5.00 each Zone Valves - 1" $ • each Zone Valves - 2" $ • 0 each � Zone Valves - 3" $ 80. 00 each 9V Battery $ 5. 50 each TBOS — 4 Sta. $ 229 • 00 each TBOS —1 Sta. $ 149.00 each Hunter ICC Controller (12 sta.) $ 280.15 each UNIT PRICE #4 Labor and materials for tree pruning and/or removal: Labor (Cutter) $ 45.00 per hour Labor (Groundsman) $ ��� per hour UNIT PRICE #5 (Materials and labor) 25 00 Spraying of Round Up $ � per square foot Spraying of Growth Inhibitor � �s _ nn per gallon UNIT PRICE #6 (Materials and labor) Drag Ball Fields $ �5� nn per acre -r'""""'••- Clay installation $?50 _ 00 per yard ::: - _ - _ . ; _ ' - y � �� - � = 12 _ �; _ � �._ ' : ... _ �.-b - . � ...� .._..� = _ G ���G�/v�L � _ _ � _�� � --' - � --� La� (-+l� �h�t/dt"x� - ` � ^ ` �'� � �i5 o.n �.�� �z� . • . Overseeding (Rye) $ 350 . 00 er acre Verticutting $ .fl0 er acre Aeration $ er acre Top Dressing $ p er yard Sodding (labor only / per pallet) $ 90. 00 ***End of Section*** _ ��„� -- -r= ^ _ ��t�_ _.•r� - - �- � = -� _- -v... ��,i,� :�:-_= `�, : J .G �� , 13 �'���"ZL � _ /" . = Z� J���' •j � �� �` ` � j 6 ��` J ```'�//��/ "!/ [' "-� ���� " "- (� . � �! '�'Ul�E •����� � '• • ATTACHMENT 'B' BID TABULATION CITY OF WINTER SPRINGS, FL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-1800 ITB NUMBER: ITB-001/11/AG PRO]ECT NAME: NEIGHBORHOOD PARKS LANDSCAPE MAINTENANCE Opened: 2:30 P.M. Closed: 2:45 P.M. Date: NOVEMBER 8, 2010 Called By: Steven Richart, Community Development Department, Urban Beautification Manager Witnessed By: Alan Greene, Parks and Recreation Department, Parks & Grounds Company Name: P&L Lawn Maintenance, Inc. Address: 300 N. Goldenrod Road, Orlando, FL 32807 Base Bid: � 92,040 Services: L, I, C Company Name: Dawnalee Corp. Address: 216 Stoner Road, Winter Springs, FL 32708 Base Bid: $ 56,388 Services: L, I Company Name: TruGreen Limited Partnership Address: 2175 N. Forsyth Road, Oriando, FL 32807 Base Bid: � 15,870 Services: C - Only Company Name: CCR Landscape Management, LLC. Address: P.O. Box 1324, Deland, FL 32720 Base Bid: $ 162,016 Services: L, C Company Name: Central Florida Landscaping and Maintenance, Inc. Address: PO Box 620645, Oviedo, FL 32762 Base Bid: $ 85,020 Services: L, I, C Company Name: Kirkland's Property Management Services, LLC. Address: 224 Sterling Rose Court, Apopka, FL 32703 Base Bid: $ 75,540 Services: L, I, C Company Name: Carol King Landscape Maintenance, Inc. Address: 7032 Old Cheney Hwy, Orlando, FL 32807 Base Bid: � 92,628 Services: L, I, C Company Name: Power Exterminators, Inc. Address: 385 Center Pointe Circle, Alt. Sprgs., FL 32710 Base Bid: � 13,980 Services: C — Only Company Name: Annan Landscape Company, LLC Address: 991 Explorer Cove, Ste. 133, Alt. Sprgs., FL 32701 Base Bid: $ 69,300 Services: L, I, C . , AGREEMENT FOR CHEMICAL SERVICES THIS AGREEMENT FOR CHEMICAL SERVICES ("AgreemenY') is made and entered into by and between the CITY OF WINTER SPRINGS, a Ftorida municipal corporation ("City"), located at 1126 East State Road 434, Winter Springs, Florida 32708, and Power Exterminators, Inc., a Florida corporation, authorized to conduct business in Florida ("Service Provider"), located at 5032 Forsyth Commerce Road, Suite Z, Orlando, FL 32807. WITNESSETH: WHEREAS, City wishes to obtain Neighborhood Parks Chemical Services for Bid# ITB 001/11/AG on a continuing basis; and WHEREAS, Service Provider participated in the selection and negotiation process; and WHEREAS, Service Provider is willing to provide such Neighborhood Parks Chemical Services for the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 GENERAL PROVISIONS 1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. 1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availabiliry of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. 2.0 TERM AND DEFINITIONS 2.1 This contract shall be for a term of twelve (12) months commencing on January 1, 2011 and terminating on December 31, 2011. By mutual agreement of both parties hereto, the term of this Agreement may be extended for two (2) additional one year terms, provided the City determines, in its discretion, that Service Provider has adequately performed during the previous term of this Agreement. In the event this contract is extended, the contract price may be adjusted to allow for consumer price increases based on Bureau of Labor and Statistics - Producer Price Index not to exceed 2(two) percent. The adjustment will be based on the annual contract period from the same period of the previous year and calculated prior to renewal. The Agreement may be canceled in whole or part by the City or the Service Provider, upon giving at least (30) days written notice prior to cancellation; EXCEPT that non-performance on the part of the Service Provider will be grounds for immediate termination. Unless otherwise provided in said notice, all work being performed by Service Provider at the time of receipt of the notice shall immediately cease and no further work shall be provided by Service Provider under this Agreement. 1 ' ' 2.2 Definitions. The foliowing words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates othervvise: a. "AgreemenY' or "ContracY' shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Service Provider to provide the maintenance services approved by the City. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Ag�eement shall go into effect. The Agreement shall not go into effect until said date. c. "Service Provider' shall mean Power Exterminators, Inc., a Florida Corporation, and its principals, officers, employees, and agents. d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. f. "City Project Manager� or "Designated Representative" or "Project Director" for the City or his designee, who is to provide the general administration of the Agreement. 3.0 SCOPE OF SERVICES 3.1 Service Provider shall provide those Neighborhood Parks Chemical Services, for the City of Winter Springs, as set forth in the "Scope of Work," attached hereto as Exhibit `A' and fully incorporated herein by this reference, including the furnishing of all labor, equipment, tools, materials, incidentals and the performing of all operations necessary as described in the Project Manual for City of Winter Springs ITB 001/11/AG. 4.0 CHANGES IN THE SCOPE OF WORK 4.1 City may make changes in the Services at any time by giving written notice to Service Provider. If such changes increase (additional services) or decrease or eliminate any amount of Work, City and Service Provider will negotiate any change in total cost or schedule modifications. If the City and the Service Provider approve any change, the Contract will be modified in writing to reflect the changes. All change orders shall be authorized in writing by City's and Service Provider's designated representative. 4.2 All of City's amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. 5.0 SCHEDULE 5.1 Service Provider shall perform services in conformance with the schedule reasonably established by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprized of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule, it shall employ such resources so as to comply with the schedule. 5.2 No extension for completion of services shall be granted to Service Provider without City's prior written consent. 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to the Agreement, the City agrees to pay Service Provider a sum not to exceed THIRTEEN THOUSAND NINE HUNDRED AND EIGHTY Dollars ($13,980). If this Agreement is extended, the total annual amount paid to Service Provider shall not exceed the above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this Agreement. � . . 6.2 Additional Services. From time to time during the term of this Agreement, City may request that Seroice Provider perform additionai Services not required under the Project Manuai. For those additionai services agreed upon by the City and Service Provider in writing, City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the parties in writing. 6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provide� the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Service Provider and its principals, employees, and independent professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. 7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS All Service Provider's records with respect to any matters covered by this Agreement shall be made available to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Service Provider within thirty (30) days after receipt by the Service Provider. Failure of the Service Provider to comply with the above audit requirements will constitute a material breach of this Agreement and may result, at the sole discretion of the City, in the withholding of payment for services provided under this Agreement. 9.0 PROFESSIONALISM AND STANDARD OF CARE 9.1 Service Provider shall do, perForm and carry out in a professional manner all Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service ProvidePs profession working in the same or similar locality as Service Provider. 10.0 SUBMITTAL OF PROGRESS REPORTS 10.1 Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. The report shall in a su�cient manner demonstrate that any funds expended were used to provide the agreed-upon Services. If the detail is not sufficient in the City Project Managers reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Service Provider. 11.0 WARRANTY OF PROFESSIONAL SERVICES 11.1 The Service Provider (for itself and any of its employees, contractors, partners, and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its contractors, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 3 ' 12.0 ' CORPORATE REPRESENTATIONS BY SERVICE PROVIDER 12.1 Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qual�ed and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and/or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Service Provider is duly licensed under all local, state and federal laws to provide the Services stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 73.0 WORK IS A PRIVATE UNDERTAKING 13.1 With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent contractor and not an agent of the City. The Service Provider, its contractors, partners, agents, and their employees are independent contractors and not employees of the Ciry. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING 14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project Manager. 15.0 SAFETY 15.1 Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing Services provided hereunder. 16.0 INSURANCE 16.1 Liability Amounts. During the term of this Agreement, Service Provider shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The Service Provider shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence to protect the Service Provider from claims of prope�ty damages which may arise from any Services perFormed under this Agreement whether such Services are performed by the Service Provider or by anyone directly employed by or contracting with the Service Provider. b. The Service Provider shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the Service Provider from cfaims for damages for bodily injury, including wrongful death, as well as from 4 ' ' ciaims from property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the Service Provider or by anyone directly or indirectly employed by the Service Provider. c. The Service Provider shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $1,000,000 for all of its employees performing Work for the City pursuant to this Agreement. 16.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the City by Service Provider upon the Effective Date of this Agreement which satisfied the insurance requirements of this paragraph 16.0. Renewal certificates shall be sent to the City 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time. 16.3 Independent Associates and Consultants. All independent contractors or agents employed by Service Provider to perform any Services hereunder shall fully comply with the insurance provisions contained in these paragraphs for sections 15 and 16. 17.0 COMPLIANCE WITH LAWS AND REGULATIONS 17.1 Service Provider shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and/or ordinances applicable to the performance of Services under this Agreement. 18.0 DOCUMENTS 18.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Service Provider. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies of said public records to the City. A�I books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider be open and freely exhibited to the City for the purpose of examination and/or audit. 18.2 The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law. 19.0 ASSIGNMENT 19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of City. 19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 19.3 If Ciry determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 5 19.4 If any part of this Agreement is subcontracted by Service Provider, prior to the commencement of any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION; DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES 20.1 The City �eserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: a. Service Provider defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within fourteen (14) calendar days after written notice from the City specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within fourteen (14) calendar days, in which case the Service Provider shall have such time as is reasonably necessary to remedy the default, provided the Service Provider promptly takes and diligently pursues such actions as are necessary therefore; or b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of creditors or Senrice Provider becomes insolvent, or is unable or unwilling to pay its debts; or c. Service Provider has acted negligently, as defined by general and applicable law, in perForming the Services hereunder; or d. Service Provider has committed any act of fraud upon the City; or e. Service Provider has made a material misrepresentation of fact to the City while performing its obligations under this Agreement; or f. Service Provider is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right or remedy Ciry may have under this Agreement. 20.2 Notwithstanding the aforementioned, in the event of a default by Service Provider, the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. tn the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properiy performed prior to the effective date of termination. 21.0 FORCE MAJEURE 21.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 22.0 GOVERNING LAW 8 VENUE 22.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 6 ' 23.0' HEADINGS 23.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 24.0 SEVERABILITY 24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of taw, the parties, at the sole discretion and option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION: MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 26.0 WAIVER AND ELECTION OF REMEDIES 26.1 Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 26.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 27.0 THIRD PARTY RIGHTS 27.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 28.0 PROHIBITION AGAINST CONTINGENT FEES 28.1 Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 29.0 NO JOINT VENTURE 29.1 Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 7 ' 30.0' ATTORNEY'S FEES 30.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-prevailing party the costs and expenses of such action including, but not limited to, reasonable attomey's fees, whether at settlement, trial or on appeal. 31.0 COUNTERPARTS 31.1 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 32.0 DRAFTING 32.1 City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 33.0 NOTICE 33.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Service Provider Power Exterminators, Inc. 5032 Forsyth Commerce Road Suite 2 Orlando, FL 32807 For Ci : City of Winter Springs Parks and Recreation Department 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327�597 Facsimile: (407) 327-4763 33.2 Either party may change the notice address by providing the other party written notice of the change. 34.0 SOVEREIGN IMMUNITY 34.1 Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 8 35.0 INDEMNIFICATION 35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attomeys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attomey's fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: a. any default under this Agreement by Service Provider, b. any negligent act, omission or operation of work related to all Services performed under this Agreement by Service Provider, and its employees, principals, agents, independent contractors, and consultants. c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Providers and its employees, partners, contractors, and agents on the performance of the Services being performed under this Agreement; d. Service Provider's, and its employees, partners, contractors, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service ProvidePs and its employees, partners, contractors, and agents performance under this Agreement; e. any fraud and misrepresentation conducted by Service Provider and its employees, partners, contractors, and agents on the City under this Agreement. 35.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its commissioners, employees, ofFcers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners, employees, officers, and Ciry Attomey shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 36.0 ORDER OF PRECEDENCE 36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider, the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement; b. This Agreement; c. Exhibits to this Agreement; and d. The Bid documents. 36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 37.0 AGREEMENT INTERPRETATION 37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 9 ' � 37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to deade whether a substitute is reasonably equivalent. Service Provider must notiiy the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. SERVICE PROVIDER: Name (Printed an Signed) � r. Title t�-12.o(zr��o Date CITY: CITY OF WINTER SPRINGS, FLORIDA A Florida municipal corpor on KEVI . SMITH - Ci ana er lz 2� iJ Date ATT �'� N RENZO-LUACES, City Clerk t 10 SECTION 01100 TECHNICAL SPECIFICATIONS SPECIFIC TASKS 1.0 TURF CARE In general, mowing of all grassed areas shall be no less than once every seven (7) days in the Heavy Growing Season and shall be no less than bi-weekly, or as instructed by the City's Representative, during the Dormant Growing Season. During Heavy Growing Season, mow athletic turf areas (Bermuda & Paspalum) two (2) times per week unless directed otherwise by the City Representative. Growing seasons are dictated by the weather and therefore may change per the City's Representative, but otherwise shall be: Heavy Growing Season - March 15 through October 15. Dormant Growing Season - October 74 through March 14. SPECIFIC TURF CARE • St. Augustine This specific mowing program, at minimum, unless otherwise specified, shali be in accordance with the University of Florida Cooperative Extension Services Calendar for St. Augustine sod care, culture, and good horticultural practice as shown in Publication ENH 5. St. Augustine grassed areas will be mowed to a height of 4 to 4.5' inches on average, depending upon established grass needs, by finish mower or a groom mower. . Bahiagrass This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Bahiagrass sod care, culture, and good horticultural practice as shown in Publication ENH 6. Bahia grassed areas will be mowed to a height of 3" inches on average, depending upon established grass needs, by finish mower or a groom mower. • Seashore Paspalum This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Seashore Paspalum sod care, culture, and good horticultural practice as shown in Publication ENH 897 and `Suggestions for the care of Seashore Paspa/um' by Environmental Turf, Inc. O 2004. Paspalum (sports turfl grassed areas will be mowed to a height of 1' to 1.25" inch using a reel type mowe�. . Bermudagrass This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Bermudagrass sod care, culture, and good horticultural practice as shown in Publicafion ENH 19. Bermuda (sports turfl grassed areas will be mowed to a height of 1" to 1.25" inch using a reel type mower. • Zoysiagrass This specific mowing program, at minimum, unless otherwise specified, shall be in accordance with the University of Florida Cooperative Extension Services Calendar for Zoysiagrass sod care, culture, and good horticultural practice as shown in Publication ENH 11. Zoysiagrass areas will be mowed to a height of 2.5" to 3" inches, depending upon established grass needs, by finish mower or a groom mower. At no time shall more than one-third (1/3) of the leaf surface be removed in one mowing in any turf area unless specifically authorized in writing by the City of Winter Springs. 31 Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other debris (as well as misplaced dirt or sand) must be removed from areas immediately bordering site (ex: sidewalks and curblines) and actual site locations. Areas are to look clean and neat and free of debris at all times. Any clipping, trimming debris will be removed from site as work is completed, or at the end of each day that work is performed. Lawn clippings may be left on tfie turf areas so long as no readily visible clumps remain on the grass surface after mowing. Othervvise large clumps of Gippings will be collected and disposed of by Contractor. In case of fungal disease outbreaks, all clipping will be collected and properly disposed of until disease is undetectable. No debris bags shall be left on site more than 5 hours. Turf care activities shall be scheduled during the normal work week (M-F 8am to 5pm) as a general rule. Should field conditions occur that require a modification to the normal service schedule, Service Provide must give the City's Project Manager 24 hours notice and receive approval prior to a service schedule modification. 2.0 MULCHING Mulching to be performed between October 15 and December 25 each year to keep planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of three (3) inches and placed, not dumped, as well as kept from around the immediate base of shrubs. Mini Pine Bark mulch is to be used unless directed by the City's Project Manager. 3.0 EDGING Edging of all walks, curbs, edging of pavements, and grass invasion shall be done weekly during the heavy growing season and bi-weekly for the remainder of the year. All grass and dirt to be blown off onto grass areas only. No debris shall be blown onto hard surfaces or into shrub or flower beds. Schedule for edging of soft surfaces such as turf, bed borders, and ground cover shall be performed bi-weekly or more as needed. 4.0 WEEDEATING Areas inaccessible to mowing equipment shall be kept neat and trimmed as needed. Trimming of grass and weeds around any fixed objects (walls, light posts, tight fixtures, equipment boxes, pond structures, sign posts and trees) will be done through chemical control within a limit of six inches (6") maximum or trimmer so as not to inflict damage of any kind to structure, equipment or tree. 5.0 PRUNING SHRUBS AND ORNAMENTALS Pruning of plants shall be performed as needed to remove dead wood harboring insects and disease and to promote maximum health and growth. The finding of insects or disease shall be reported immediately to the City Representative so as to limit losses. Aesthetic pruning shall consist of removal of dead or broken branches. Pruning shall be performed to balance infiltration light to enhance new growth. Small leafed shrubs, such as Pittosporum, Azalea and Indian hawthorn, etc., are to be kept trimmed in a tight, neat appearance, with removal of partial new growth after no more that four inches of new growth appears. Larger leafed shrubs, such as vibumum, may attain new growth reaching from 2" to 4" before removal. But at no times are shrubs to display a disorde�ly appearance. Omamentals, such as crinum lilies, are to be trimmed aggressively during the rainy season to be kept neat and fungus free. This may be as frequent as every other week. Sago palms are to be trimmed a minimum of three times a year, or more often, as needed, depending on growth and health. Azaleas are to be trimmed at regular intervals as described above with the exception of the months of October thru March when no trimming should be done to achieve maximum flowering. Wax myrtles a�e to be trimmed aggressively in order to maintain a neat, compact habitat. At no time is an herbicide to be used to rid plants of sucker growth. Instead, hand pulling or aggressive trimming routine is to be established. All ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fem, etc.) are to be systematically checked and cleaned with special attention to early spring cleanup. 32 , _ Dead plant materiai shall be removed immediately during the normal service visit and a report filed with the City Project Manager detailing the location of removal and species removed. 6.0 PLANT REPLACEMENT The Contractor shall be responsibie for �eplacing any plant materials that die or become damaged to the point that the plant grade is less than Florida Number 1 as a result of neglect or damage caused by the maintenance operation. Replacement material shall be identical to plant species, quality and specifications of the materials at the time the loss occurs. 7.0 TREE TRIMMING All trees are to be trimmed as often as necessary to meet public safety requirements and comply with ISA industry standards. Trimming of established trees shall be to a minimum of eight (8) foot and a maximum of twelve (12) foot under canopy and pruned just outside the branch collar by the Service Provider. New or young trees are to be pruned with an ideal under canopy of six (6) feet or to a suitable and healthy height for each tree. Sucker growth is to be removed by hand or trimmer from the base of a tree. Herbicides are not to be used for this purpose. Palms are to be trimmed regularly to ensure the absence of seed pods and dead or dying fronds dropping to the ground and not as severely as the hurricane cut; using the 9/3 rule. Ligustrum and Holly trees are to be maintained per industry standards or as specified by City's Representative. Crape myrtle trees shall be pruned per industry standards (ISA) in late February through the first week in March each year. Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide safety to persons and vehicular traffic within any areas undergoing pruning. Work will be scheduled after consulting with the City's Representative. 8.0 WEEDING Weeding of all plant bed areas is to be as often as necessary to conform to the shrub trimming schedule, to control weed population and maintain healthy plants. Remove weeds, vines and "voluntary" seedlings from planting beds. Weed control in landscaped areas will be accomplished by hand weeding and/or application of round-up and a pre-emergent herbicide if needed. All weeds in sidewalks or pavement areas (including curbing) shall be chemically controlled or removed by hand. 9.0 ANNUALS (Annuals nof included in base cost) Annuals will be changed four (4) times per year at all designated annual bed areas. Annuals are to be 4" full bloom and must be approved by Owner or City's Representative for each seasonal change variety. A schedule shall be determined and agreed upon by both Owner and Service Provider. Bed preparations are to consist of 14-14-14 Granular fungicide and Cavalier Subdue GR. along with any added soil preparations or enhancements needed to facilitate strong healthy g�owing annuals. Annuals beds are located at the following areas: 10.0 I RRIGATION Complete irrigation inspections shall be performed one (1) time per month at minimum. Details of the inspection shal/ be recorrled on a log sheet (to be submitted with the monthly billing) and consist of the following: 1. Turning on each zone and inspecting each head for the proper coverage, including straightening, adjusting the output of water, adjusting spray pattern and unclogging any heads. 2. Repairing broken heads and lateral lines, as necessary. 3. Checking the irrigation controller(s) for proper operation and programming. If there are battery controllers on the site, check each for battery life and replace at 75% depletion. 33 , 4. Checking all zone valves for proper open and closure, making sure to inspect for leaking from the mainline. 5. Checking water source for leaking and visual inspection of backflow device, if present. 6. Visually inspect turf, planters and trees in i�rigated areas for signs of drought stress and effect adjustments and/or repairs to remedy the issue. A visual `ride through' of all irrigated areas shall be done each week during the growing season and bi-weekly during the doRnant season. This activity can also be accomplished by the mowing crew. The Service Provider shall submit a detailed report, at the time of billing of each monthly service, consisting of the clock and location, each zone by number, and any repairs or work performed during that service. All parts used will be itemized on the bill with a maximum of 250.00 billed for repairs without VERBAL approval during the regular monthly scheduled maintenance visit. If there is an additional cost for repairs beyond the maximum of $250, the Owner or City Representative must be given a verbal report of the repair and costs involved before the work is to be performed. No pavment will be made for heads or parts damaqed bv the Service Provider Service Provider shall immediately repair any and all damaged property within the areas specified in this agreement to meet original specifications with commercial quality irrigation parts. All work performed by Contractor to meet industry standards. All irrigation heads replaced durinq the monthly service must be turned in to the Citv alonq with the monthlv billinq, in order to qualifv for payment• All labor required to repair or replace defective parts is included in the contract price except when repairing valves, main lines or lateral lines over 1'/z", clock or wiring problems, or lines under sidewalks or roadways. Labor cost for these services is established in the bid calculation sheet of SECTION 00300, BID FORM. Materia� costs shall be paid on the basis of approved wholesale documented cost plus 15% for overhead and profit. Contractor is to immediately notify Owner if a mainline leak is noticed. Should the Service Provider need to shut down the mainline for any reason, the Owner must be contacted at: (407) 327-6597. 11. CHEMICAL PROGRAM FERTILIZATION/PEST CONTROL- TURF The general program shall meet or exceed the University of Florida Cooperative Extension Services yearly Calendar for sod care and culture, and good horticultural practices standards. The program shall be based on soil samples taken at random from various areas of the site, in sufficient number so as to be characteristic of the areas to be fertilized. The cost of the securing and analyzing the soil samples shall be included in the bid. The results of the soils sampling shall be reported to the City representative. Soil amendments, nutrients, pesticides, fungicides, and any other chemicals deemed proper and beneficial or are required to maintain the turf and plant material by the Contractor shall be included in the fertilization program at no additional cost. All fertilizers shall always contain minor elements. A minimum of six (6) fertilization (3 granula�j and insect and disease applications shall be applied on all S� Augustine grass annually at approximately two-month intervals. Additional spot treatments may be needed in certain areas due to various conditions that may occur. Such additional treatments shall be deemed to be included in the contract price. One (1) fertilization (granular) shall be applied to all irri ated Bahia grass annually in mid-summer (unless otherwise specified). No chemical application shall be made to non-irri4ated Bahia grass. Spot treatments of insecticide and/or fungicide may be necessary throughout the year due to varying field conditions. Such additional treatments shall be deemed to be included in the contract price. Applications of fertilizer shall follow Cooperative Extension Service suggested guidelines and sound horticultural practices for each applicable turf variety. Any turf areas or landscape materials, killed or damaged as a result of over-fertilization or lack of chemical application will be re-established to an acceptable condition. 34 , - SECTION 01400 SERVICE AREA DETAIL LOCATIONS (with specific service guidelines): Bear Creek Nature Trail. Apply non-selective herbicide to mulched parking lot 8� trail, as needed. Mow Bahia grass around parking lot. Weed eat around bollards. Maintain trail width by trimming back encroaching brush or tree limbs as needed. Inspect trees and canopy along trail areas & prune as needed. Diane's Little Park. Mow Bahia grass areas. Weed eat around signs, posts and trees along parking area. Apply fire ant baiUkiller as needed. Apply non-selective herbicide to weeds in playground areas. Fruitwood Park. Mow, weed eat & blow park. Spray non-selective herbicide where visible weeds are in sidewalk cracks. Trim low hanging tree branches as needed. Apply fire ant baiUkiller as needed. Moss Park. Reel mow Paspalum turf areas (do not contaminate Paspalum with other grasses). Mow Bahia grass areas. Weed eat creek banks and all applicable areas. Edge around all walks and conc�ete areas. Edge around palms. Trim and weed landscapes. Apply chemicais as per schedule (only in irrigated turf and p/anter areas). Apply fire ant baiUkiller as needed. Apply non-selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non-selective herbicide where visible weeds are in sidewalk cracks. Oak Hollow Park. Mow, edge, weed eat park. Apply non-selective herbicide to weeds in playground areas as needed. Trim and weed landscape areas. Apply fire ant bait/killer as needed. Apply non-selective herbicide to weeds in playground areas. Spray non-selective herbicide where visible weeds are in sidewalk cracks. Ranchlands Park. Mow and weed eat park. Edge, rake and apply non-selective herbicide to sand volleyball court. Apply fire ant baiUkiller as needed. Apply non-selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Sam Smith Park. Mow edge weed eat and blow park. Trim palmettos. Weed eat around pond. Weed and trim landscapes. Apply fire ant baiUkiller as needed. Apply non-selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non-selective herbicide where visible weeds are in sidewalk cracks. Sunshine Park. Reel mow Bermuda turf fields. Weed eat around backstops and fence (do not contaminate Bermuda2oysra turf with other grasses). Mow weed eat, edge and blow Zoysia areas on Thursday's o� due to Senior Citizen Event Schedule. Mow weed eat edge blow rear common areas (Bahia). Weed and trim shrubs, landscapes and trees. Weed eat around pond. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply non- selective herbicide to weeds in playground areas. Apply fire ant bait/killer as needed. Power blow debris from pavilions (as applicable) after each service. Spray non-selective herbicide where visible weeds are in sidewalk cracks. Do not provide any service under the scoqe of this aqreement to Sunshine Park on Wednesdavs due to the Senior Center Events Schedule unless directed bv a Citv Representative. 41 � �_ _ ___ _ _ _ _ __ Torcaso Park. Reel mow edge, weed eat, blow Paspalum turf field (do not contaminate Paspa/um with other grasses). Mow, weed eat, edge & blow around the splash pad area before 9:30am due to customers using splash pad (opens at 10:OOam). Mow, weed eat edge blow the rest of park to include around the pond. Apply fire ant baitJkiller as needed. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply non-selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non- selective herbicide where visible weeds are in sidewalk cracks. Trotwood Park. Reel mow all Bermuda athletic areas. Weed eat, edge and blow Bermuda athletic areas. (do not contaminate Bermuda with other grasses) Mow, weed eat, edge and blow all common areas in park (Bahia) weed and trim landscapes and trees. Apply fire ant baiUkiiler as needed. Apply chemicals as per schedule (only in irrigated turf and planter areas). Apply non-selective herbicide to weeds in playground areas. Power blow debris from pavilions (as applicable) after each service. Spray non-selective herbicide where visible weeds are in sidewalk cracks. Windinq Hollow Park Mow, edge, weed eat park. Apply non-selective herbicide to weeds in playground areas. Trim and weed landscape areas. Apply fire ant baiUkiller as needed. Power blow debris from pavilions (as applicable) after each service. Spray non-selective herbicide where visible weeds are in sidewalk cracks. `**End of Section*'" 42 � ,_ _ SECTION 00300 , BID FORM i. GENERAL 1.1 Description The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER. Bid is submitted by: �1e1" �?C'�'e(YY1►n�TYS Tl1C. 'J �bR3.1`�-hC�fYYnC'lCe. � Qr �c� �o ��� (Insert legal name, address, and whether sole proprietorship, partnership or corporation.)C��oorZ-�'Icx'1� 1.2. The Undersigned: A. Acknowledges receipt of: 1. Project Manual for the Neighborhood Parks Landscape Maintenance ITB 001/11/AG dated October 2010. 2. Drawings 3. General Notes/Details 4. Addenda: Number , dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 90 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute a contract with the OWNER, if awarded on the basis of this Bid. 4. To accomplish the work in accordance with the contract documents. 5. To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise provided, and to complete the work within one year of date of the Notice to Proceed. 1.3 Stipulated Amount A. Base Bid I will provide the services under this project for the Base Bid Amount of I`'1� n I ,� 11neL��rl�c1.� Dollars ($ �3�98�. ). The Base Bid amount reflects pricing for the following Services (check that apply): _Landscape Maintenance _Irrigation Maintenance • �Chemical Program 6 7 � The Bidder hereby agrees to perform all worlc as required by the Contract Documents for the following Unit Pnces. A!I work required to be perFormed by the Contract Documents is to be included within the following Pay Items, inclusnre of fumishing all manpower, equipment, materials and performance of all operations relative to the project_ Work for which there is not a Pay Item will be considered incidental to the Contract and no addi6onal compensation will be allowed. The Owner, at his sole option and discretion, may choose to add or deduct from the contract work at the unit prices set forth below. Service Provider shall be paid for actual quantities completed in accordance with the Contract Documents. The following is the order of precedence which will be used in case of conflicts within the Bid Schedule provided by each Bidder: Unit Cost, Total Cost, Total Base Bid (See attached Bid Form). 1.4 Major Equipment (Not Used) 1.5 Bid Schedule A. Proposals (Bids) must be submitted in triplicate with original signatures in blue ink on the Bid Form. B. I have attached evidence of qualification and licensing to do business in the State and locality of this project. C. I have attached the required Bid Security to this Bid, if applicable. D. I have attached a list of all subcontractors I will utilize for the Contract work. E. l have included all requested documertfation as shown in Section (3a1001nstructions To Bidders. 1.6 Submitta! RESPECTFULLY SUBMITTED, signed and sealed this day of i,tNO'►'►k!4'' , 2010. Service Provi By (signature) Title �G��^ l�Qr. Business Address Z� �1 P1C� �"�4 City �� �dr�7C �O State �L. Zip ��0� Phone �U"7 2l 2-- 8 S Z� ATTEST: SECRETARY DATE: AFFIX CQR°^QATE SEAL - � " If your company is an L.L.C., please note that fact in the box_ � M 4�� P O� O� G �� + C e � f � � a > �7�-�L, -. n 28�T2 -, ��R�Dt' : ! - _. "`Section 00300 - Continued on the next page'`� 7 T � � � _ _ _ _.. BID CALCULATION SHEET — PART 1 Landscape Maintenance (ITB 001/11/AG) Item No,�Description Jan 1 thru Dec 31 ene�+r►►�� or, y 1. Bear Creek Trail Unit Cost /S x 12 Months = S Year 2. Diane's Park Unit Cost fS x 12 Months = S Year 3. Fruitwood Park Unit Cost /� x 12 Months = S Year 4. Moss Park Unit Cost I$ x 12 Months =$ Year 5. Oak Hollow Park Unit Cost /$ x 12 Months =$ Year 6. Ranchlands Park Unit Cost /S x 12 Months = S Year 7. Sam Smith Park Unit Cost IS x 12 Months =$ Year 8. Sunshine Park Unit Cost /$ x 12 Months =� Year 9. Torcaso Park Unit Cost /$ x 12 Months =$ Year 10. Trotwood Park Unit Cost /a x 12 Months =$ Year 11. Winding Hollow Unit Cost /� x 12 Months =; Year Park TOTAL COST (A) S Year ' K rrot bidding this portion, place a `0' in the total cost field. 9 TT ; _ _ BID CALCUIJ�TION SHEET — PART 2 Irriaation Maintenance (ITB 001/11/AG) Item No,�Description Ja 1 thru Dec 31 �eh�ern� ca�l 4. Moss Park ' � Unit Cost /S x 12�onths =� Year 5. Oak Hollow Park Unit Cost /; x 12 Months = S Year 7. Sam Smith Park Unit Cost /$ x 12 Months = S Year 8. Sunshine Park Unit Cost /S x 12 Months = S Year 9. Torcaso Park Unit Cost /E x 12 Months = 5 Year 10. Trotwood Par1c Unit Cost /S x 12 Months = S Year 11. �nding Hollow Unit Cost /� x 12 AAonths = S Year Park TOTAL COST (B) S Year ' If not bidding this porton, place a`0' in the [ntal cost fie/d. 10 T 7 � BID CALCUU4TION SHEET — PART 3 Pest Control and Fertilization Chemical Proqram (ITB 001/111AG) Item No,�Description Jan 1 thru Dec 31 4. Moss Park Unit Cost /$�,_x 12 Months =$� � l� Year 8. Sunshine Parlc Unit Cost /S?99 x 12 Months = S�_��Year 9. Torcaso Park Unit Cost /S ��( x 12 Months = i t q 32 Year 10. Trotwood Park Unit Cost !E �D � Z. x 12 Months =;1J� Year TOTAL COST (C) ; Year ' If not bidding this portion, place a `0' in the total cost field. ADD TOTAL COST (A+B+C): S � 3�9 aO� GRAND TOTAL PER YEAR. —Enter this amount on the BID FORM—SeG 00300 (1.3A)— 11 ► . ATTACHMENT 'B' BID TABULATION CITY OF WINTER SPRINGS, FL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-1800 ITB NUMBER: ITB-001/11/AG PRO]ECT NAME: NEIGHBORHOOD PARKS LANDSCAPE MAINTENANCE Opened: 2:30 P.M. Closed: 2:45 P.M. Date: NOVEMBER 8, 2010 Called By: Steven Richart, Community Development Department, Urban Beautification Manager Witnessed By: Alan Greene, Parks and Recreation Department, Parks & Grounds Company Name: P&L Lawn Maintenance, Inc. Address: 300 N. Goldenrod Road, Orlando, FL 32807 Base Bid: � 92,040 Services: L, I, C Company Name: Dawnalee Corp. Address: 216 Stoner Road, Winter Springs, FL 32708 Base Bid: $ 56,388 Services: L, I Company Name: TruGreen Limited Partnership Address: 2175 N. Forsyth Road, Orlando, FL 32807 Base Bid: $ 15,870 Services: C - Only Company Name: CCR Landscape Management, LLC. Address: P.O. Box 1324, Deland, FL 32720 Base Bid: $ 162,016 Services: L, C Company Name: Central Florida Landscaping and Maintenance, Inc. Add�ess: PO Box 620645, Oviedo, FL 32762 Base Bid: $ 85,020 Services: L, I, C Company Name: Kirkland's Property Management Services, LLC. Address: 224 Sterling Rose Court, Apopka, FL 32703 Base Bid: $ 75,540 Services: L, I, C T � Company Name: Carol King Landscape Maintenance, Inc. Address: 7032 Old Cheney Hwy, Ortando, FL 32807 Base Bid: � 92,628 Services: L, I, c Company Name: Power Exterminators, Inc. Address: 385 Center Pointe Circle, Alt. Sprgs., FL 32710 Base Bid: # 13,980 Services: C — Only Company Name: Annan Landscape Company, LLC Address: 991 Explorer Cove, Ste. 133, Alt. Sprgs., FL 32701 Base Bid: � 69,300 Services: L, I, C